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Federal RIF Injunction Halts June Layoffs—for Now

federal employment hhs reorg probationary termination rif injunction telework rules May 27, 2025
 

A federal court’s May 23 preliminary injunction has temporarily stopped 21 agencies from carrying out Reduction in Force (RIF) notices—including finalizing those already issued. For many employees at HHS and other departments, this halts the June 2 separation dates that had been looming.

This legal pause gives breathing room—but not closure. The injunction is under appeal at the Ninth Circuit, and depending on how that court rules, separations could resume within days or be held off through the summer.

 

Why the Supreme Court Isn’t Involved—Yet

Initially, the administration asked the Supreme Court for an emergency stay to lift the freeze. But once the broader injunction was issued, that request was withdrawn. Now, the focus shifts to the Ninth Circuit Court of Appeals. If that court upholds the injunction, the case could proceed to a full merits briefing—pushing potential RIF actions to late summer. But if the stay is lifted, agencies may restart separations quickly.

Bottom line: We’re in a temporary limbo, not a long-term resolution.

 

HHS Reorg Likely on Hold

The HHS mega-reorganization—which would shrink 28 agencies to 15—appears dead in the water, at least for now. That reorg depends on RIF authority the court says likely exceeds presidential power. If true, HHS cannot legally proceed with the layoffs or the structural changes behind them. That’s likely why agencies like NIH and OCIO are pulling back pink slips and contacting affected employees—some with back pay.

 

No Return to Pre-2021 Telework Rules

It’s important to note: the court injunction doesn't restore pre-2021 telework policies. The January 20 executive order ending widespread remote work still stands. Unless you have a formal accommodation or exemption, in-person duty remains the default. That’s why you’re seeing crowded offices and even parking shortages.

 

Probationary Employees May Still Be at Risk

If you're in a probationary or trial status, don’t assume the injunction protects you. Agencies like HUD have resumed terminations for probationers, arguing these aren’t technically RIFs. While that legal distinction is debatable, the safest move is to consult a union or attorney immediately if you’ve been terminated.

 

Can Agencies Bypass the Injunction?

Some managers, particularly at USDA, have hinted their cuts are "unrelated" to the presidential order. But Judge Hu Ton’s ruling explicitly warns against disguising top-down directives as routine business decisions. If your RIF is tied—directly or indirectly—to the February executive order, it’s likely covered by the freeze. Unions are already preparing to challenge any outliers.

 

Your Immediate Action Plan

  1. Check your .gov inbox, including junk folders, for any notice rescissions or pauses.

  2. If you’ve received nothing, email your HR with the subject:
    "Status of Written Notice under May 23 Court Injunction."
    Request written confirmation of your RIF status.

  3. Save all communications (emails, SF-50s, etc.) as documentation.

  4. Practice mindfulness—these are high-stress moments, and staying grounded is part of staying prepared.

For deeper guidance and up-to-the-minute updates, you can find support in our Power Hub.

 

Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While I am a federal employment attorney, this post does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.

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