Attorneys for Federal Employees — Nationwide

Nearly 200,000 federal workers and supporters follow our updates across TikTok, Instagram, YouTube, Facebook, and LinkedIn. Each briefing gives you the three stories that actually matter to your job, plain‑English legal guidance, and one short practice to protect your peace of mind. If it helps you, forward it to a colleague—new readers can subscribe at https://fedlegalhelp.com/newsletter. 

Today at a Glance

• RIFs/Layoffs: A court decision may quickly change what happens next—document your status and deadlines now.
• Suitability Appeals: OPM proposes moving some suitability appeals away from MSPB—watch the Federal Register and preserve your record.
• Federal Workforce Caucus: Lawmakers formed a caucus focused on federal workers—track for hearings and real policy moves.

Top Stories:

1. RIFs: The “Pause” May Not Last

Source: Federal News Network — February 12, 2026

TL;DR: Temporary “no-layoff” protections tied to stopgap funding are expiring, and a judge may decide what happens next for paused RIF activity. Some notices were rescinded, but other disputes stayed alive.

For federal employees, this means:

• If your office issued (or discussed) RIF notices, treat the next few days as a high-risk window for fast changes.
• Get clarity in writing on whether your notice was rescinded or only paused.
• If you get any notice, save it and calendar every deadline immediately (and keep proof of when you received it).

Legal Insight:
RIF rules are very procedural. Agencies must follow notice and competition steps, and court activity may affect timing—but it does not erase your need to protect deadlines. Keep every version of any notice, plus any “pause” or “rescission” emails or memos. Also keep your SF-50s, position description, and performance records together in one folder. Because deadlines can be short, consider talking with your union and a qualified federal employment attorney.

2. Suitability: OPM May Move Some Appeals Away from MSPB

Source: FedSmith — February 12, 2026

TL;DR: OPM has a proposed rule that could change how suitability actions are appealed, including moving some suitability appeals away from MSPB and into an OPM process.

For federal employees, this means:

• If you are an applicant or employee facing a suitability-based action, watch this proposal closely.
• If you are already in a suitability appeal posture, do not assume the forum stays the same—track updates and preserve your record.
• Save everything you receive about your suitability case: notices, investigation materials, emails, and attachments.

Legal Insight:
Suitability cases can turn on process and timing, and forum changes can shift deadlines and your path to review. The key document is the Federal Register notice, which will include the comment deadline. Practical step: download and save the full notice, and note the closing date on your calendar. Because deadlines can be short, consider talking with your union and a qualified federal employment attorney.

3. Congress: A New Federal Workforce Caucus Forms

Source: AFGE — February 9, 2026

TL;DR: AFGE reports that lawmakers formed a Federal Workforce Caucus focused on supporting the civilian federal workforce.

For federal employees, this means:

• You may see more organized attention to workforce issues like pay, staffing, and job protections, but you should wait for official actions (hearings, bills, agency guidance).
• If you follow policy changes, track caucus statements for early signals on what may come next.
• If your union or professional group issues action alerts tied to this caucus, read them carefully and keep copies for your records.

Legal Insight:
A caucus is not a law. It can influence hearings, oversight letters, and future bills, but the real change comes from official texts and final rules. The practical move is to separate announcements from binding changes. Keep your basic employment file up to date—SF-50s, position description, performance, awards, and any discipline—so you can respond quickly if policy changes affect your job status or appeal rights. If you get new instructions that affect you, document what you were told and when.

Legal Tip of the Day

Speaking Up as a Whistleblower

Reporting waste, fraud, abuse, or serious mismanagement is protected in many circumstances, but how you do it matters. Before you blow the whistle, think about where you’re reporting (e.g., OIG, OSC, Congress, or management) and how to frame your disclosure in factual, professional terms. Keep records of what you reported, when, and to whom. If negative actions follow—sudden discipline, reassignment, or exclusion from work—you’ll need that timeline. Don’t assume every complaint is “whistleblowing”; the law is particular about what qualifies. If you think you’re facing retaliation for raising concerns, our office, which only represents federal employees, can help you evaluate whether you have whistleblower protections. 

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