Shutdown RIF Case: Court Expands Federal Worker Protections
federal employment mindfulness at work mspb appeals rif case shutdown law Oct 23, 2025Federal employees across agencies remain protected under Judge Susan Illston’s Temporary Restraining Order (TRO), which continues to block all shutdown-related Reduction in Force (RIF) actions. In short: no new RIF notices, and no quiet countdowns behind the scenes.
The TRO—originally issued in early October—bars agencies from sending any new shutdown-based RIF notices and from processing or counting down the 60-day periods on those sent beginning October 10. That means affected employees’ notice clocks are frozen until the court lifts or modifies the order.
Who’s Covered Now—and Who’s Being Added
Earlier rulings already extended coverage beyond the initial plaintiff unions (AFGE, AFSCME, NFFE, SEIU, and NAGE). This week, plaintiffs moved to formally add three more: the National Treasury Employees Union (NTEU), the International Federation of Professional and Technical Engineers (IFPTE), and the American Federation of Teachers (AFT).
The proposed order would consolidate all these protections in one place, making clear that if your program, project, or activity (PPA) includes members of any of these unions, the TRO applies. Even if your bargaining unit was recently “de-recognized” under an executive order, the court is treating those as still covered for TRO purposes.
Agencies Impacted: Virtually the Whole Government
Because the covered unions represent employees across most major departments, this case now reaches nearly every corner of the federal service—from Interior to HHS to NASA. If you’re in a PPA with any plaintiff-union members, your agency cannot issue or process shutdown-related RIFs.
What Comes Next: A Push for Permanent Protections
This week, plaintiffs filed their full motion for a preliminary injunction, asking the court to extend the TRO for the duration of the case and to require agencies to rescind all shutdown RIF notices already issued. Their brief argues that the RIFs were rushed, legally defective, and harmful—especially because they cut employees off from HR assistance and health-coverage decisions during furloughs.
If granted, the injunction would not just pause these actions but roll them back, requiring agencies to provide formal notice and proof of compliance.
What You Should Do Right Now
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If you received a RIF notice: The 60-day clock should not be running. Keep records of any agency communications that suggest otherwise.
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If you haven’t received a notice but work in a covered area: The TRO prevents new RIFs from being issued.
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For everyone: Keep documentation organized and share credible updates with colleagues.
You can find deeper guidance and plain-language breakdowns of the filings 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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