Southworth PC | Federal Employee Briefing — Monday, 02/09/2026
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
- New OPM “Schedule Policy/Career” rule: A new category could reduce protections for some career roles—watch for reclassification notices and keep records.
- IRS filing-season details: Back-office staff may be reassigned quickly—get the terms in writing and protect your position of record.
- FEMA staffing cuts: Term-limited “CORE” employees may face reductions—track notices, appointment dates, and separation paperwork.
Top Stories:
1. New OPM Rule Could Move Some Career Jobs Into a Category with Fewer Protections
Source: Federal News Network — February 5, 2026
TL;DR: OPM issued a final rule creating “Schedule Policy/Career.” Agencies may propose certain “policy-influencing” roles for reclassification, which could reduce civil service protections for those jobs.
For federal employees, this means:
- If your job is labeled “policy,” “confidential,” “advocacy,” or “discretionary,” you may see changes to your appeal options if your position is reclassified.
- Watch for notices about your position being reviewed or redesignated, and don’t assume your current rights will stay the same.
- Start building a clean paper trail now: what your duties are today, and any changes you’re told to make.
Legal Insight:
Keep copies of your position description, performance plan, org chart, and any emails that describe your duties. If you get a reclassification notice, ask HR in writing: (1) the effective date, (2) what review process exists, and (3) what rights remain (including EEO and prohibited personnel practice options). If your agency changes your duties to make your role look more “policy-heavy,” document when the change happened and who directed it. Deadlines can move fast, so consider talking with your union and a qualified federal employment attorney.
2. IRS May Move Back-Office Staff Into Filing-Season Roles Due to Staffing Shortages
Source: Federal News Network — February 6, 2026
TL;DR: The IRS is seeking up to 1,400 non-bargaining unit employees to volunteer for temporary filing-season work. The article suggests some employees could be directed into these assignments if volunteer numbers are not enough.
For federal employees, this means:
- You could be asked (or pressured) to take a detail or temporary reassignment on short notice.
Your day-to-day work, telework status, training, and reporting chain may change quickly.
You should get the exact terms in writing so there’s no confusion later.
Legal Insight:
If you’re detailed or reassigned, ask for the written authority and the expected start/end dates. Confirm in writing whether this changes your position of record, position description, bargaining status, performance elements, pay/grade, or duty location. If the move feels like punishment or retaliation, write down the “who/what/when/why,” save messages, and keep copies of any notices and SF-50s. Deadlines can be short, so consider talking with your union and a qualified federal employment attorney.
3. FEMA Plans to Resume Staff Reductions Paused During Winter Storm
Source: AP — February 6, 2026
TL;DR: The AP reports FEMA will resume staff reductions, with cuts focused on “CORE” term-limited employees. Managers and employees may receive updates around the same time, and the changes could affect operations.
For federal employees, this means:
- If you are term-limited (or time-limited), your job security may depend on appointment type and written renewal terms.
- Track your appointment end date and any extension/renewal messages closely.
- If you receive a separation notice, preserve every document and ask for the reason and effective date in writing.
Legal Insight:
Term and temporary employees often have different rights than career employees, and the details matter. Keep your offer letter, SF-50s, any extensions, and performance records in one folder. If you get a non-renewal or termination notice, ask HR what (if any) reconsideration process exists and what the timeline is. If you think the action is tied to protected activity (EEO, whistleblowing, union activity), document the timing and any comparators. Deadlines can be short, so consider talking with your union and a qualified federal employment attorney.
Legal Tip of the Day
Reasonable Accommodation and Medical Issues
If a medical condition affects your work, don’t struggle in silence. A reasonable accommodation request should be made in writing (even a simple email) explaining that you have a medical condition and need adjustments to perform your job. The agency may ask for medical documentation—keep copies of everything you submit. Propose practical solutions: schedule changes, telework, equipment, or reassignment if needed. The process is supposed to be interactive; you’re not required to accept the first thing offered if it doesn’t actually help. Because accommodation rules are technical and very fact-specific, our office can talk through your options before you agree to or decline a proposal.
In Case You Missed It
A few quick hits from our recent videos and posts:
OPM’s Schedule Policy/Career Explained
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Black History Month in Federal Workplaces: Who Makes It Happen
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Is Title VII Really “Colorblind”? What the Law Requires
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Need Help with Discipline or Performance?
If you’ve just been put on a PIP, received a proposed suspension or removal, or are worried your “coaching” has turned into a paper trail, it’s time to get real advice—not just hallway rumors.
At Southworth PC, we represent federal employees nationwide in:
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Proposed discipline and removals
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Performance issues and PIPs
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EEO discrimination, harassment, and retaliation
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Whistleblower and civil rights matters
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MSPB, EEOC, and OSC cases
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OPM/FERS disability retirement applications (flat‑fee full‑service assistance)
In a free, confidential consultation, you speak directly with an attorney about your timeline, key documents, and options. Deadlines can be quick in the federal sector, so if you have a deadline, don’t wait.
👉 Schedule Your Free Consultation Today
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Disclaimer:
This briefing is for general informational purposes only and does not constitute legal advice or create an attorney‑client relationship. Federal employment law is fact‑specific and time‑sensitive; you should consult a qualified attorney about your own situation and deadlines. Past results do not guarantee future outcomes.
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