Federal RIF Injunction: What GS‑9+ Employees Should Know
May 23, 2025On May 22, U.S. District Judge Susan Illston converted a temporary restraining order into a preliminary injunction that blocks 21 federal agencies from issuing or finalizing Reduction in Force (RIF) notices tied to a controversial executive reorganization plan.
The court found that the White House's February directive constituted a sweeping workforce overhaul that likely requires congressional authorization. In plain terms: a president can't gut federal agencies without legislative approval.
What Happens Next in Court
The Department of Justice filed an emergency appeal with the Ninth Circuit just hours after the injunction. A three-judge panel could rule on the government’s request for a stay within days. If the government loses, expect a rapid petition to the Supreme Court—especially given recent rulings that expanded executive power over agency personnel.
This means the legal terrain is shifting fast. For now, the injunction holds. But that could change with little notice.
What the Injunction Does—and Doesn’t—Cover
The ruling freezes layoffs, but it doesn’t automatically reinstate telework or remote arrangements. Those rights still depend on:
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Union contracts
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Memoranda of understanding (MOUs)
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The Rehabilitation Act (for medical accommodation)
If your telework was rescinded as part of the reorg now on hold, your union may have a new legal angle. But this injunction alone doesn’t restore remote status across the board.
Should You Reconsider a DRP Buyout?
Possibly. Judge Illston's order reinstates separated employees only if their RIF notice violated the law. Most DRP buyouts are labeled "voluntary," so you’d need to prove the offer was made under illegal pressure—a high bar.
Still, if you're within the seven-day cooling-off period, don’t resign yet. Withdrawing your acceptance now may preserve legal options later.
What About Agencies Not Named in the Lawsuit?
Some of you asked about USAID, which wasn't listed as a plaintiff. As of now, there’s no confirmed joinder motion, but related litigation could be forthcoming. Each agency's legal exposure depends on how directly it followed the contested executive order.
Mental Health: The Hidden Impact
This moment is emotionally heavy. Panic attacks, sleeplessness, and shattered trust are valid responses. Legal victories don’t soothe the body. But mindfulness can help.
Try the 4-7-8 breath: inhale for 4 seconds, hold for 7, exhale for 8. It activates the parasympathetic nervous system and can reduce anxiety in real time.
Want more support? Season 1 of The Mindful Workplace Podcast covers stress management for federal workers. You can find it on Spotify, Apple Podcasts, or at MindfulWorkplacePodcast.com.
Action Steps for Today
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Stay employed if you can. If you haven’t finalized a DRP exit, don’t.
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Save all documents. Notices, memos, and directives may become legal evidence.
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Call your congressional reps. Use terms like "oversight" and "appropriations" to get routed to the right staffers.
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Engage your union. Ask if they plan to file grievances or information requests tied to the injunction.
Stay grounded. This legal win is a shield, not a cure—but it gives you breathing room.
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.