Attorneys for Federal Employees — Nationwide

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Today at a Glance

• Shutdown risk rising: DHS funding fight could trigger a partial shutdown if Congress misses the deadline.
• VA hiring shift: VA says the hiring freeze is lifted, but staffing caps may still slow approvals and increase workload pressure.
• Big lawsuit on “bad data”: A court let thousands of HHS workers pursue Privacy Act claims tied to allegedly inaccurate records used in terminations.

Top Stories:

1. Shutdown Risk Grows as DHS Funding Hits a Wall

Source: Associated Press — January 25, 2026 (8:02 PM ET)

TL;DR: Senate Democrats say they will block moving forward on DHS funding as written, and that raises the chance of a partial government shutdown if Congress doesn’t act before the deadline.

For federal employees, this means:

• You could get short-notice instructions about whether you are excepted (must work), furloughed, or limited to shutdown activities.
• Your timekeeping rules may change fast. Expect specific instructions on what work is allowed and what isn’t.
• Even if back pay is later authorized after the lapse ends, you may still face short-term cash-flow stress.

Legal Insight:

Shutdown operations come from the Antideficiency Act and OPM’s shutdown guidance. Watch for written agency instructions about reporting, time and attendance, travel, and what work is authorized. Do not assume you can “volunteer” work if you are furloughed—unauthorized work can create real problems later. Save all notices and take screenshots of operating status updates. If you get a status notice or furlough letter, Because deadlines can be short, consider talking with your union and a qualified federal employment attorney.

2. VA Lifts Hiring Freeze, But Staffing Caps Remain

Source: Federal News Network — January 22, 2026 (6:25 PM ET)

TL;DR: VA says it is lifting a hiring freeze, but staffing caps are still in place and could continue to slow hiring approvals.

For federal employees, this means:

• Hiring may restart in some areas, but delays are still likely due to staffing caps and approval layers.
• If your unit is short-staffed, workload and scheduling pressure may continue even after the “freeze” ends.
• Internal moves (details, reassignments, backfills) may still be limited.

Legal Insight:
A lifted “freeze” does not end position controls or reorganization-related staffing limits. If your duties, schedule, location, or position is changing, ask for the change in writing and keep copies of performance records and your position description. If changes start to look like a RIF or a directed reassignment, your rights can depend on your appointment type, bargaining status, and the notices you receive. Because deadlines can be short, consider talking with your union and a qualified federal employment attorney.

3. Court Lets Large Group of HHS Workers Sue Over Terminations Allegedly Based on Inaccurate Records

Source: HRD America (HCAMag) — January 23, 2026

TL;DR: A federal court allowed a proposed class action to move forward where employees say HHS used inaccurate personnel records (including ratings) during a large termination/RIF process.

For federal employees, this means:

• If you believe your agency relied on wrong data (ratings, status, records) in an action that hurt your job, you should act quickly to preserve and correct your records.
• “Bad records” claims do not necessarily pause other deadlines for appeals or EEO claims.
• Documentation can be the difference between fixing the issue and getting stuck.

Legal Insight:
This story centers on the Privacy Act (5 U.S.C. § 552a), which requires agencies to keep records accurate enough to avoid unfair outcomes and allows people to seek amendment of inaccurate records. Practical steps: download and save your eOPF, appraisals, awards, notices, and any emails referencing your status or ratings. Then request corrections in writing through your agency process. Also track administrative deadlines (MSPB/EEO) separately—don’t assume a records dispute stops the clock. Because deadlines can be short, consider talking with your union and a qualified federal employment attorney.

Legal Tip of the Day

Off-Duty Posts, Texts, and Group Chats

Many workplace disputes now involve screenshots from group chats and social media. Assume anything you text, post, or message about work could be shown to management one day, even in private groups. Avoid venting about specific supervisors or coworkers, sharing nonpublic information, or using language that could be labeled threatening, harassing, or discriminatory. If a dispute is already brewing, be especially cautious about digital conversations involving colleagues. If you’ve learned that your posts or messages are being used against you—or might be—our firm can help you understand the risks and plan how to respond. 

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