Attorneys for Federal Employees — Nationwide

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Today at a Glance

• Probationary firings: OPM proposes tighter appeal options—this could narrow what you can challenge and when.
• Hatch Act: OSC says it can pursue cases after you leave federal service—rules still matter through your last day.
• Pay outlook: Pay Agent report raises questions about locality pay and the GS system—expect uncertainty and verify your pay records.

Top Stories:

1. OPM Proposes Narrower Appeal Paths for Probationary Firings

Source: Federal News Network — December 29, 2025

TL;DR: OPM released a proposal that would limit how probationary employees can challenge a termination. Under the draft, appeals would be limited to narrow grounds like partisan political reasons, marital status, or failures to follow required procedures.

For federal employees, this means:

• If you are in a probationary or trial period, your ability to fight a termination could be more limited under this proposal.
• If you supervise probationary staff, expect more attention on proper procedures and documentation.
• If you want to weigh in, consider submitting a comment before January 29, 2026.

Legal Insight:
Probationary employees usually have fewer rights than career employees, and this proposal would define even tighter appeal lanes. If you get a termination notice, save the notice, your SF-50, performance emails, and any written instructions about required steps your agency was supposed to follow. If you believe the termination involved discrimination, marital status bias, or improper political pressure, raise concerns in writing with HR, your EEO office, or your union—and calendar every deadline you receive. Because deadlines can be short, consider talking with your union and a qualified federal employment attorney.

2. OSC Says Hatch Act Enforcement Can Continue Even After You Resign or Retire

Source: Government Executive — December 29, 2025

TL;DR: The U.S. Office of Special Counsel (OSC) says it will investigate Hatch Act issues even if the employee has already left federal service. OSC issued an advisory opinion stating that leaving the job does not automatically end its ability to review conduct that happened while someone was a federal employee.

For federal employees, this means:

• Hatch Act rules still apply up to your last day, and leaving federal service may not end an investigation.
• If you are unsure about political activity (campaigning, fundraising, posts while on duty), ask for guidance before you act.
• If you receive an OSC inquiry, take it seriously and respond by the stated deadline.

Legal Insight:
The Hatch Act restricts certain political activities by federal employees, and OSC investigates alleged violations. If you receive a notice, save it, preserve related messages and posts, and follow the response instructions and deadlines. If you are unsure whether something is allowed, ask your agency ethics officials for advice in writing and keep a copy. Because deadlines can be short, consider talking with your union and a qualified federal employment attorney.

3. Pay Agent Report Suggests Continued Uncertainty on Locality Pay and the GS System

Source: FedSmith — December 29, 2025

TL;DR: FedSmith reviews the President’s Pay Agent’s annual report and says it signals limited interest in expanding or creating new locality pay areas under the current system. The article notes the Pay Agent criticized the locality pay method as flawed and suggested the GS framework is outdated, while pointing out that presidents can issue “alternative pay plans.”

For federal employees, this means:

• Don’t assume locality pay changes will expand soon—plan for continued uncertainty.
• Watch the Pay Agent report, Federal Salary Council work, and any legislation that could change outcomes.
• Verify your January SF-50 and LES for grade/step/locality accuracy, especially after moves or reassignments.

Legal Insight:
Locality pay is tied to federal pay rules in 5 U.S.C. § 5304, and the President’s Pay Agent (Labor, OMB, and OPM) issues reports that shape the pay discussion. Practically, keep copies of your SF-50s and LES statements and confirm your duty station and locality code are correct. If something looks wrong, report it to HR/payroll in writing and keep your ticket numbers and follow-up emails. Because deadlines can be short, consider talking with your union and a qualified federal employment attorney if a pay issue causes a significant loss and is not corrected.

Legal Tip of the Day

Settlements and Last-Chance Agreements

If your agency offers you a settlement or “last-chance” agreement, take a breath before signing. These documents often waive important rights—appeals, grievances, EEO claims—and may set strict conditions where any small misstep leads to removal. Read every clause, especially about resignation, references, and future employment. Ask for the agreement in writing and time to review it; you’re allowed to say, “I need to have someone look at this.” Once you sign, it can be very hard to undo. If an agreement is on the table, our firm can review it with you and explain, in plain English, what you’re giving up and what you’re getting. 

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