Introduction – What You Need to Know About This Federal RIF Lawsuit

If you’re here from our TikTok video breaking down the new RIF lawsuit, welcome. You’re not alone—and you’re in the right place.

There’s a lot happening right now that could affect your federal job, your benefits, and your future. The viral news you saw about AFGE et al. v. Trump is real. It’s a massive federal lawsuit challenging Executive Order 14210, which has already led to RIF planning, layoffs, and reorganization across multiple agencies. We’ve created this in-depth post to walk you through what the case is about, what could happen next, and what you should do—whether you’ve received a RIF notice or just want to protect yourself.

At Southworth PC, we believe in empowering federal employees with the truth. That’s why we provide free legal education across platforms, including TikTok, LinkedIn, and Instagram. But if you want to go deeper—or get the kind of tailored support this moment demands—we offer a few other ways to get help.

First, we encourage you to subscribe to our free daily newsletter, where we break down the top three legal and policy developments every federal employee should know, plus legal insights and a “mindful moment” to help you stay grounded. http://fedlegalhelp.com/newsletter

Second, you might consider joining our membership community, where for just $19/month (with a 3-day free trial) you get access to:

• A weekly group coaching session with me, Shaun Southworth, every Saturday at 11 a.m. Eastern

• Access to a growing library of trainings and past sessions, each focused on urgent legal topics like RIFs, Schedule F, telework mandates, preventing and/or responding to performance and conduct issues, and more

• A private member space where you can ask questions, learn what others are facing, and get help staying ahead of these changes. (Coming soon - estimated launch in two weeks.)

This Saturday will be our 15th session, and yes—you’re invited to bring your questions about this case or any other issue you’re facing. Interested? http://fedlegalhelp.com/join

If you’ve received a RIF notice—or think one is coming—and want legal guidance, we recommend scheduling a RIF Strategy Session with me. For $350, you’ll get a full review of your documents, a personalized legal assessment, and up to an hour to ask questions about your options, benefits, or next steps. Start here: https://form.typeform.com/to/LDspkQpd

Now, let’s get into what this lawsuit actually says, why it matters, and what steps you can take—starting today—to protect yourself.

The Lawsuit That Could Decide the Future of Federal Jobs

A major legal battle just began in federal court—and it could decide whether thousands of federal employees lose their jobs this year.

On April 28, a broad coalition of labor unions, nonprofits, and local governments filed a lawsuit against the Trump administration over Executive Order 14210—an order that demands sweeping job cuts and agency restructuring across the federal government. The case is called AFGE et al. v. Trump, and it’s one of the most important federal workforce cases in years.

Here’s why it matters:

Executive Order 14210 directs all federal agencies to carry out what it calls “large-scale reductions in force”—or RIFs—whether they’re needed or not. Agencies were told to slash staffing to “government shutdown” levels, propose eliminating entire subcomponents, and reorganize around whatever remains. They had only weeks to comply.

The lawsuit says that’s illegal—and possibly unconstitutional.

According to the plaintiffs, the President doesn’t have the complete power to reorganize the federal government or force agencies to fire employees just because he wants to. That’s Congress’s job. Federal agencies exist because Congress created them by law. They’re supposed to follow the statutes that govern their missions and staffing—not short-term political directives.

The plaintiffs also argue that the White House’s February 26 memo—which ordered agencies to submit two rounds of “Agency RIF and Reorganization Plans” (ARRPs)—violated administrative law by skipping required public procedures and by forcing agencies to act in ways that conflict with their legal obligations.

Specifically, the core legal argument in AFGE et al. v. Trump is that the mass RIFs being carried out under Executive Order 14210 are not just aggressive—they are unconstitutional and unlawful. The plaintiffs argue that the President has no legal authority to unilaterally restructure or shrink the federal government by ordering agencies to eliminate programs, offices, or jobs. Under the Constitution, only Congress has the power to create or dismantle federal agencies, define their functions, and fund their operations. Executive Order 14210 directs agencies to ignore those laws by slashing staff down to “shutdown” levels, eliminating entire functions not explicitly mandated by statute, and reorganizing themselves to match the President’s political agenda—not their legal mission. That’s a direct violation of the separation of powers doctrine.

The lawsuit also alleges multiple violations of the Administrative Procedure Act (APA), which governs how federal agencies make decisions and issue rules. The February 26 memo from the Office of Management and Budget (OMB) and the Office of Personnel Management (OPM) instructed agencies to submit “Agency RIF and Reorganization Plans” that comply with the Executive Order—but this directive, the plaintiffs say, functions as a binding rule and was issued with no public input, transparency, or legal authority. Agencies were given just weeks to identify staff cuts and program eliminations without time to follow normal decision-making procedures. Worse, the lawsuit claims these agencies are being forced to carry out cuts that conflict with the statutes Congress assigned them to enforce—placing them in an impossible position: follow the law, or follow the President. For the plaintiffs, that choice is unlawful, and they’re asking the court to stop it before more careers are disrupted and more public services are dismantled.

If all that sounds familiar, it should.

This is similar to what happened earlier this year with the probationary employee mass terminations, which our firm is already challenging. In that situation, agencies were told to terminate thousands of federal employees without following the law—because central White House leadership was pressuring them. In both cases, there’s a fundamental legal problem: career civil service protections are being tossed aside without proper authority.

This lawsuit aims to stop that. But what happens next—and whether it succeeds—is still unclear.

In the next part, we’ll explain what the court could decide, how soon it might act, and what the different outcomes could mean for your job, your agency, and the structure of the federal government itself. We'll also walk through what we're seeing in real time across agencies.

What Could Happen in Court—and What It Means for Federal Employees

Now that AFGE et al. v. Trump has been filed, the next step is up to the courts. The plaintiffs—led by major unions like AFGE and SEIU—are asking the judge to immediately freeze Executive Order 14210 and block all related agency layoff plans.

If the judge agrees, the court could issue what’s called a preliminary injunction. That would stop agencies from moving forward with their “Agency RIF and Reorganization Plans” (ARRPs), halt pending layoff notices, and give time for the court to fully consider whether the order is legal. This would be the best-case short-term outcome for federal workers—buying time and stability.

But if the judge doesn’t grant that freeze, more agencies could begin sending out RIF notices very soon. Some already have.

According to credible reports—and information cited in the lawsuit—agencies like the IRS, EPA, HHS, SSA, and VA have already or are planning on actively moving ahead with RIFs. These plans include layoffs of tens of thousands of federal employees. For example:

• The IRS has said it may cut 40% of its workforce, including over half of its enforcement staff.

• The EPA could lose up to 65% of its employees, including most of its scientific research personnel.

• The VA is targeting 83,000 jobs, even as demand for veterans’ services continues to rise.

• SSA has proposed eliminating thousands of positions and closing up to 47 field offices.

These aren’t vague ideas. They’re part of official internal plans developed under direct pressure from the White House, the Office of Management and Budget (OMB), and a newly created agency called the Department of Government Efficiency (DOGE)—headed by Elon Musk. Agencies were given just 30 to 60 days to carry out massive downsizing and submit reorganization plans for approval.

What the Court Will Decide

The court must weigh several key questions:

• Did the President overstep his authority by ordering these RIFs and reorganizations without congressional approval?

• Did OMB, OPM, and DOGE act unlawfully by forcing agencies to carry out mass layoffs based on non-public rules?

• Are agencies being forced to violate their own statutes in order to comply with White House instructions?

If the judge finds these actions unconstitutional or illegal, the order could be blocked—or even overturned completely.

But if the court allows the EO to move forward, federal workers across the country could face immediate consequences. The case could still be appealed—and likely will be—but in the meantime, separations could go into effect. That’s why this moment matters so much: the next few weeks may determine whether RIFs are paused, or begin to reshape the federal workforce permanently.

As we've seen in other cases—like the push to mass-terminate probationary employees—courts have sometimes intervened and other times allowed unlawful terminations to happen, forcing affected workers to fight for reinstatement later, this has been changed on appeal in some cases, and how the cases have played out has been complex and often not based on the merits of the underlying claims. That’s why early action is so important.

In the next part, we’ll outline what you can do now to prepare, protect yourself, and understand your rights—whether or not you’ve received a RIF notice yet. Even if you’re not yet affected, being informed now may save your job later.

What Federal Employees Should Do Now

Even though the court hasn’t ruled yet, we’re already seeing agencies move ahead with RIF planning under Executive Order 14210. That means now is the time to prepare—not later.

Whether or not you’ve received a RIF notice, if you work for a federal agency that’s submitted a downsizing plan—or if your office has mentioned “restructuring,” “reorganization,” or “budget alignment”—you may be impacted in the coming weeks. And even if this lawsuit eventually blocks the order, those separations could happen first.

Here’s what you can do right now to protect your rights and stay ahead of the process:

1. Secure Key Documents

Download and save the following likely from your agency’s HR system:

• Your most recent SF-50s (check the info on them to make sure they are correct)

• Your position description

• Your last five performance reviews

If you’re affected by a RIF, these will be critical for challenging errors in your retention standing, proving your qualifications for a different position, or asserting your veterans’ preference. If you have received a RIF notice, you can also request a copy of the retention records and other documents that should be provided to by regulation.

2. Check Your Personal Contact Info

Make sure your personal email and mailing address are current in your agency’s HR portal. Once separated, you may lose access to your government email and won’t receive important updates unless your personal info is up to date.

3. Watch for Early Warning Signs

If you’re asked to complete a “reorganization survey,” if your office is asked to identify “non-mission-critical functions,” or if leadership starts referring to “shutdown-level staffing,” those may be signs that an ARRPs-driven RIF is already in motion. 

4. Don’t Sign or Accept Anything Without Understanding It

Some agencies are quietly offering early outs, reassignments, or voluntary separation incentives tied to their reorganization plans. If you’re presented with one of these options, read it carefully and consider getting advice before you agree. Once you accept, you may waive important appeal rights.

5. Talk to Your Union or Legal Advocate

If you’re in a bargaining unit, ask your union whether they’ve received a copy of the agency’s RIF plan or whether they’re filing information requests. If you’re non-bargaining or need or want legal strategy beyond the union’s scope, you could also speak with a federal employment attorney. Legal timelines move quickly once a RIF notice is issued—often just 30 days to appeal.

Stay Informed and Grounded

It’s natural to feel anxious. This is a serious situation with very real risks. But you are not powerless—and you’re not alone. Federal law provides rights and protections that are still in force. Our firm is monitoring the lawsuit daily, working with impacted employees, and preparing tailored strategies to challenge unlawful layoffs, retention errors, and program eliminations.

We’ll continue updating you as soon as the court makes its first move in AFGE et al. v. Trump. Until then, the best thing you can do is stay informed, stay organized, and take action early if your agency starts moving toward a RIF.