Attorneys for Federal Employees — Nationwide

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Today at a Glance

• State Department Performance Reviews: State has told managers to pull back and lower scores on Employee Evaluation Reports already submitted, with an instruction to hold the average rating at or below 3.25 and a warning that supervisors who score high will get a letter in their own file.
• Army Corps Of Engineers NYC Relocation: The Corps is on the verge of signing a New Jersey lease that would move about 500 New York District employees out of 26 Federal Plaza, with a union survey showing 43% would leave the agency if their commute lengthened.
• DoD Civilian Workforce: Pentagon officials told a Senate appropriations panel that engineering, housing oversight, facilities maintenance and service-member-support shortages tied to the Deferred Resignation Program (DRP) are now slowing military construction and installation operations.

Top Stories:

1.  State Department Tells Managers To "Revise And Recalibrate" Performance Scores Already Submitted

Source: Federal News Network, May 14, 2026

TL;DR: The State Department's human resources office told managers this week to go back and revise Employee Evaluation Reports (EERs) they had already submitted, and warned them to keep ratings under an average cap of 3.25 on a five-point scale. Internal emails obtained by Federal News Network instruct human resources officers to "pull back" prematurely submitted EERs from the electronic Official Personnel Folder so scores can be recalibrated downward before final submission. Under Secretary for Management Jason Evans wrote in a March 31 email that a "fully successful" 3 will be the baseline, that "exceeds expectations" 4s and "outstanding" 5s should be reserved for unusually demanding work, and that supervisors with a pattern of grade inflation will have that noted in their own performance files. Employees who receive an "unsatisfactory" rating of 1 will be placed on a Performance Improvement Plan (PIP). The current cycle's submission deadline was pushed to May 29. American Foreign Service Association President John Dinkelman called the changes to the employee review process "poorly conceived, poorly communicated, and deeply disruptive." The change tracks the Office of Personnel Management's (OPM) February 2026 proposed rule that would allow forced distribution of performance ratings governmentwide.

For federal employees, this means:

• Document the work product behind each rating element in your evaluation. If a supervisor lowers a previously submitted score, ask in writing for the specific performance reason tied to a written critical element under the agency's performance plan.
• If you receive an "unsatisfactory" rating or a PIP notice, the clock starts on the agency's burden to give you a reasonable opportunity to demonstrate acceptable performance before any proposed removal or demotion under 5 U.S.C. § 4303. Save every email and meeting note from the rating cycle.
• Watch for a final OPM rule on forced distribution. The same mechanics — capped top ratings, downward recalibration, and PIP-as-default for the lowest band — are headed across the federal workforce, not just to State.

Legal Insight:
The Civil Service Reform Act requires agencies to base performance appraisals on written critical elements and performance standards established in advance, 5 U.S.C. § 4302; performance-based removals and demotions then run through the procedures in 5 U.S.C. § 4303 and 5 C.F.R. Part 432, which require a 30-day advance notice of proposed action, a reasonable opportunity to improve, and a written decision. Recalibrating already-submitted ratings to fit a numerical cap, rather than to fit the employee's documented work against the standards, creates a record-based attack at MSPB and through the negotiated grievance process for employees in a bargaining unit. Foreign Service members covered by 22 U.S.C. § 4001 et seq. have a parallel grievance route through the Foreign Service Grievance Board. Federal employees who see a sudden downward revision, a PIP, or a low-ranking referral should preserve the prior submitted EER, the recalibration emails, and any "average cap" directives, and should consult a federal employment attorney before signing anything that waives appeal rights.

2. Army Corps Of Engineers Moves To Relocate New York District Office; Union Says 43% Would Quit

Source: Federal News Network, May 14, 2026

TL;DR: The Army Corps of Engineers is on track to sign a New Jersey lease as soon as May 18 that would relocate roughly 500 New York District employees out of 26 Federal Plaza in Manhattan, consolidate the North Atlantic Division office from Fort Hamilton into the new space, and complete the move by December 31, 2026. Assistant Secretary of the Army for Civil Works Adam Telle directed the relocation in a February 23 memo citing the approximately $8.7 million annual GSA rent at the current site and the Trump administration's drive to cut federal real-estate costs. The International Federation of Professional and Technical Engineers (IFPTE) Local 98 says the agency began the New Jersey site search without bargaining with the union, in violation of the parties' collective bargaining agreement (CBA); Defense Secretary Pete Hegseth issued an April 2026 memo terminating various Defense Department labor agreements under Executive Order 14251. A union survey found that 43% of New York District and North Atlantic Division employees living in New York City or Long Island would leave the Corps if their commute lengthened. New York's Republican House delegation and a separate bipartisan letter led by Senate Minority Leader Schumer have opposed the move.

For federal employees, this means:

• A management-directed change in duty station triggers either voluntary relocation, a refusal that the agency can treat as resignation, or a reduction-in-force (RIF) under 5 C.F.R. Part 351. Read your relocation notice carefully — the key terms are the new duty station, the report date, and whether the agency is offering relocation expenses or a hardship exception.
• If your bargaining unit is covered by a CBA and the agency reorganizes or relocates without notice and an opportunity to bargain, that may be an unfair labor practice (ULP). Employees and stewards should preserve memos, lease announcements, and timelines to support a ULP charge or grievance.
• Even with a terminated CBA, statutory rights survive: notice of an adverse action, RIF retention standing, and the right to appeal a separation-in-lieu-of-relocation to the Merit Systems Protection Board (MSPB) generally remain intact. Do not resign before reviewing the written paperwork.

Legal Insight:
The Federal Service Labor-Management Relations Statute, 5 U.S.C. § 7114, obligates an agency to negotiate in good faith with the exclusive representative over conditions of employment, while 5 U.S.C. § 7106 reserves certain management rights and channels their exercise through impact-and-implementation bargaining. Relocating an office, terminating leases, and consolidating duty stations are classic impact-and-implementation issues even when the underlying decision is reserved to management. Where an agency proceeds without bargaining, the Federal Labor Relations Authority (FLRA) is the forum for a ULP charge under 5 U.S.C. § 7116. Employees individually separated by refusal to relocate may have RIF appeal rights to MSPB under 5 U.S.C. § 7701 and 5 C.F.R. Part 351, particularly where the relocation functions as a constructive RIF. Employees facing a relocation notice should consult a federal employment attorney before resigning or signing a separation agreement, because the choice between accepting a relocation, taking RIF status, and resigning has material consequences for severance, unemployment, and future retirement annuity calculations.

3. DoD Civilian Workforce Losses From Deferred Resignation Are Now Showing Up In Installation Operations

Source: Federal News Network, May 14, 2026

TL;DR: At a Senate Appropriations Subcommittee hearing on May 14, Pentagon officials told lawmakers that civilian-workforce reductions tied to the Deferred Resignation Program (DRP) and follow-on restructuring are now driving cost increases, oversight gaps, and project delays at military installations. Dale Marks, Assistant Secretary of Defense for Energy, Installations and the Environment, said the Department has issued waivers to keep hiring for critical installation-support roles in engineering, housing oversight, service-member support, facilities maintenance, and property management. Sen. Jon Ossoff (D-Ga.) said field visits to Georgia installations consistently surfaced staffing losses in those same roles. The Defense Department has lost more than 61,600 civilians through DRP — about 8% of its civilian workforce, at an estimated $4.5 billion in salary-and-benefits costs, per Partnership for Public Service data. The Navy is running a departmentwide review that could cut 5% to 20% of civilian positions, and the Army's "rebalancing" effort has been giving surplus civilians short windows — as little as two to five days, per Rep. Eric Sorensen (D-Ill.) — to accept a reassignment or face separation.

For federal employees, this means:

• If you receive a "surplus" notice with a short response window, the law generally treats your decision under duress as binding once signed. Ask in writing for the offer in full, the deadline, the appeal rights, and whether the agency is invoking RIF or directed reassignment. Do not sign on the day you receive the notice unless the paperwork plainly says so.
• A directed reassignment outside your commuting area can give you RIF rights and severance eligibility under 5 C.F.R. Part 351 and 5 C.F.R. § 550.703 if you decline. Whether RIF applies depends on the specific separation theory the agency cites in writing.
• Hiring waivers and DRP refills are running in parallel with reductions in other parts of DoD. Track Defense civilian vacancies in your career field and document any internal "Priority Placement" or DoD reemployment list status before separation — those rights have specific timelines.

Legal Insight:
RIF actions are governed by 5 U.S.C. § 3502 and 5 C.F.R. Part 351, which require advance written notice of at least 60 days for most civilian employees, application of veterans' preference, tenure, performance, and length-of-service retention factors, and Merit Systems Protection Board appeal rights under 5 U.S.C. § 7701. A "directed reassignment" outside the commuting area is not a RIF on its face, but if the employee declines, the resulting separation may be processed as an involuntary separation that carries RIF appeal rights. Employees separated under the DRP are generally treated as voluntarily resigned and waive most appeal rights in exchange for salary continuation; that bargain cannot be undone retroactively. Employees facing a surplus designation or directed reassignment should read the written election paperwork carefully before signing, because the available appeal forum and remedy depend on the specific separation theory the agency invokes.

Legal Tip of the Day

If You’re Facing a Security Clearance Issue

Clearance concerns can arise unexpectedly and may impact your ability to work. These matters often move quickly and require careful responses. Review any notices closely and gather relevant information early. Avoid making assumptions about what matters—details can be important. Respond thoughtfully and within deadlines.