General Strikes and Federal Employee Discipline Risks
discipline defense federal employment hatch act mindfulness at work workplace protests Jan 23, 2026Minnesota is seeing something rare in modern American life: a general strike. Unlike a single-union walkout or a permitted march, a general strike asks ordinary people to pause daily routines—work, school, shopping—to exert collective economic pressure. The current action, organized under the banner “ICE Out of Minnesota: Day of Truth and Freedom,” combines stay-home calls with public demonstrations in Minneapolis. For federal employees, that combination of protest, federal law enforcement visibility, and heightened media attention creates real legal exposure if handled carelessly.
The core principle for federal workers is not whether participation is “allowed” in the abstract. The practical question is how to remain principled while staying un-disciplinable.
Duty Status Is the First Legal Line
In federal employment, duty status controls everything. If an employee is on the clock, logged into government systems, inside a federal building, or using a government vehicle, that employee is legally in the federal workplace. Participation in a strike or protest during that time—by failing to report to work, logging off without authorization, or joining demonstrations—can quickly become an AWOL or failure-to-follow-instructions charge. Those charges are attractive to agencies precisely because they are easy to prove and difficult to defend.
Any participation must occur on personal time or approved leave. Turning a “no-show” into a statement is rarely viewed as expressive conduct; it is typically treated as misconduct.
Government Resources Are Never Neutral
Federal employees often underestimate how broadly “government resources” are defined. Agency email, Teams or Slack channels, printers, badge access, government phones, and even internal calendars are all off-limits for protest-related activity. Forwarding a flyer, coordinating a meetup, or printing materials using agency equipment can convert a complex constitutional issue into a straightforward misuse-of-resources case. Agencies do not need to prove motive—only use.
Avoid Turning Federal Employment into a Credential
Even when off duty, federal employees should avoid blending their professional identity with advocacy. Wearing a uniform, displaying a badge, filming with agency signage visible, or presenting oneself as speaking “as” a federal employee can invite scrutiny. Agencies are particularly sensitive to the appearance that an employee is leveraging federal authority or credibility to advance a political position, even implicitly.
Understand the Hatch Act Risk Zone
Many employees conflate political expression with partisan activity. Protesting a policy is not automatically prohibited. Campaigning for or against political parties or candidates, however, especially while linked to one’s federal role, carries higher Hatch Act risk. Keeping participation clearly personal, clearly off duty, and clearly separated from official duties is essential.
A Mindful Bottom Line
Moments like a general strike are emotionally charged. Mindfulness, in this context, is not withdrawal—it is precision. Thoughtful boundaries protect both conscience and career. Acting deliberately reduces anxiety, preserves options, and prevents a public event from becoming a private disciplinary crisis.
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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