Attorneys for Federal Employees — Nationwide

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Today at a Glance

• Wildland Firefighter Workforce: A new survey from the National Federation of Federal Employees and Grassroots Wildland Firefighters finds about three in four federal wildland firefighters have considered quitting in the past year as fire season ramps up, and the temporary pay supplement from the 2021 infrastructure law is funded only through fiscal 2026.
• Whistleblower Appeal: The Federal Circuit upheld the removal of a probationary VA employee, holding that her government vehicle's telematics speeding data let the agency win on clear and convincing evidence even after the Board found she made protected disclosures.
• Defense Workforce Bill: The Senate's fiscal 2027 defense policy bill would limit Defense Department civilian layoffs, require 45 days' notice to Congress before large reductions in force, and shorten the cyber excepted service probationary period from three years to two.

Top Stories:

1. Federal Wildland Firefighters Report Burnout and Low Morale as Fire Season Begins — and the Infrastructure-Law Pay Supplement Runs Out After FY2026

Source: Federal News Network, June 22, 2026

TL;DR: A survey conducted in March 2026 by Grassroots Wildland Firefighters, in partnership with the National Federation of Federal Employees (NFFE), drew 825 responses from wildland firefighters at the Forest Service and the Interior Department. About three in four respondents said they had considered quitting in the past 12 months, citing work-life balance, burnout, and low pay. Roughly 62% said their units are operating below "full strength," and close to 58% said their unit had canceled or postponed a prescribed burn because of staffing. About 82% reported working more than 500 overtime hours in the past year, and roughly 24% worked more than 1,000. Only about 11% said they would recommend the career without reservation, while about 22% said they would not recommend it at all. The Agriculture Department said it has already hired more than 11,550 seasonal staff for the 2026 fire year and has implemented permanent firefighter pay reforms, and the Interior Department said its roughly 5,700 wildland fire personnel leave "no gap in response capacity."

For federal employees, this means:

• The $20,000-or-50%-of-base pay supplement that many wildland firefighters rely on traces to the 2021 infrastructure law and was funded only through fiscal 2026; watch closely for whether Congress extends or makes the supplement permanent before the funding runs out.
• Forest Service employees facing the agency's headquarters relocation should read any directed-reassignment notice carefully and confirm their options and deadlines, because declining a valid directed reassignment can lead to removal.
• Keep your own records of overtime hours worked and pay received; disputes over how firefighter overtime is calculated can raise pay-claim issues that depend on accurate timekeeping.

Legal Insight:

The wildland firefighter pay supplement was created by Section 40803 of the Infrastructure Investment and Jobs Act (Pub. L. No. 117-58), which funded a supplement equal to the lesser of $20,000 or 50% of base pay through fiscal 2026. A removal for declining a directed reassignment is an adverse action; a covered employee generally has the right to advance notice, an opportunity to reply, and an appeal under 5 U.S.C. §§ 7512–7513. If you receive a relocation or reassignment notice and are unsure whether refusing it puts your job at risk, it is worth consulting a federal employment attorney before you respond.

2. Federal Circuit Upholds a Probationary VA Employee's Removal — Telematics Speeding Data Defeats Her Whistleblower Claim

Source: FedSmith.com, June 23, 2026

TL;DR: In Sanicola v. Department of Veterans Affairs, No. 2026-1232 (Fed. Cir. June 9, 2026) (nonprecedential), the U.S. Court of Appeals for the Federal Circuit affirmed a Merit Systems Protection Board (MSPB) decision denying corrective action to a probationary VA supply technician in Saginaw, Michigan. The employee drove a VA vehicle equipped with telematics that reported four speeding incidents over two months; she was counseled after the first two, and the agency removed her effective October 13, 2023 for misuse of a government vehicle. She filed a complaint with the Office of Special Counsel (OSC) alleging the firing was whistleblower retaliation for reporting workplace profanity and an improperly stored refrigerator, and after OSC closed its file she brought an Individual Right of Action (IRA) appeal to the MSPB. A Board administrative judge found she had made two protected disclosures and that they contributed to her removal, but also found the VA proved by clear and convincing evidence that it would have removed her anyway for the speeding. The Federal Circuit rejected her arguments that the agency improperly relied on telematics data rather than her state driving record, and that a since-revoked executive order undercut the agency's authority, and it affirmed the Board in full.

For federal employees, this means:

• Probationary employees who lack ordinary adverse-action appeal rights can still pursue a whistleblower reprisal claim through OSC and, if it is closed, an IRA appeal to the MSPB.
• Showing that a protected disclosure "contributed" to discipline is only the first step; the agency can still prevail if it proves by clear and convincing evidence that it would have taken the same action regardless of the disclosure.
• Assume that government-vehicle telematics and similar monitoring are active and reported to supervisors, and that the resulting data can serve as an independent, documented basis for discipline.

Legal Insight:

An IRA appeal lets an employee seek corrective action at the MSPB for whistleblower reprisal under 5 U.S.C. § 1221, based on disclosures protected by 5 U.S.C. § 2302(b)(8). Once the employee shows a protected disclosure was a contributing factor, the agency can still defeat the claim under 5 U.S.C. § 1221(e)(2) by proving with clear and convincing evidence that it would have taken the same action anyway, and the Federal Circuit reviews the Board's decision under 5 U.S.C. § 7703. Because these cases turn on tight filing windows and on building the contributing-factor showing early, an employee considering a reprisal claim should consult a federal employment attorney before contacting OSC or the Board.

3. Senate Defense Bill Would Limit DoD Civilian Layoffs, Require Notice Before Large RIFs, and Shorten the Cyber Probationary Period

Source: Federal News Network, June 22, 2026

TL;DR: The Senate Armed Services Committee's version of the fiscal 2027 National Defense Authorization Act (NDAA) includes several civilian-workforce provisions. It would expand the cyber interagency transfer authority departmentwide, making it easier for employees to move between the Cyber Excepted Service (CES) and the competitive service, and would shorten the CES probationary period from three years to two. On layoffs, it would bar the Defense Department from using fiscal 2027 funds for hiring freezes, reductions in force (RIFs), or hiring delays at public shipyards and at organizations funded by a working capital fund, and would require the department to notify Congress at least 45 days before approving any change that would result in a RIF of 50 or more full-time personnel. Other provisions would require disclosure of whether vacant positions are telework- or remote-eligible, create a five-year pilot (capped at 250 positions) for bonuses to high-performing supervisors, and give the defense secretary broad authority to set defense-industrial-base wage rates to match the private sector. The Government Accountability Office reported that DoD's civilian workforce fell just under 10% from January 2025 to January 2026. The bill is at the committee stage and must still pass the full Senate and be reconciled with the House.

For federal employees, this means:

• These provisions are not yet law; any reduction in force happening now is still governed by existing RIF rules, not by the proposed 45-day notice or shipyard and working-capital-fund protections.
• DoD cyber employees should track the shortened two-year probation and the easier transfer to competitive service, because both could affect appeal rights and mobility if they survive conference.
• If you are in the Cyber Excepted Service, confirm which personnel system covers your position, because CES appeal rights and procedures differ from those in the competitive service.

Legal Insight: The Cyber Excepted Service is established under 10 U.S.C. § 1599f, and any reduction in force remains governed by the retention rules at 5 U.S.C. § 3502 and the regulations at 5 C.F.R. Part 351. Because the bill is still at the committee stage, none of its changes are in effect yet; the value for now is knowing what may change and which authority currently governs your position.

Legal Tip of the Day

Before You Answer Questions from OIG or HR

An interview with OIG, HR, internal affairs, or another investigative office should be treated as important even if it is described as routine. Ask whether you are a witness or the subject, whether the meeting is administrative or potentially criminal, whether it will be recorded, and whether you may have representation. Review relevant documents before answering if possible, and be clear when you do not know or do not remember. Avoid joking, arguing, guessing, or volunteering unrelated information. What feels like a casual explanation may become part of an official record.