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

• NASA cuts at Goddard: Fast lab closures and relocations underway.
• OPM RIF overhaul: Draft rule shifts layoff priority to performance ratings.
• IRS IT shake-up: Tech staff told to take skills tests ahead of reorg.

Top Stories:

1. NASA Moves Quickly to Shrink Goddard Campus by 25%

Source: Federal News Network — November 23, 2025 

TL;DR: NASA is pushing ahead with a plan to cut the Goddard Space Flight Center’s campus footprint by 25%, closing 13 buildings and nearly 100 labs in Greenbelt, Maryland. A NASA union says employees were called back during the shutdown and given as little as 48 hours to pack up, raising questions about Antideficiency Act compliance. Members of Congress are urging NASA and its inspector general to pause or investigate the closures, warning of damage to science missions and costly loss of specialized equipment. 

For federal employees, this means:

• If you work at Goddard or another consolidating facility, find out whether your building, lab, or workspace is on a closure or move list — and get any instructions in writing.
• Save emails and memos about being recalled from furlough, ordered to pack up, or told to move equipment, especially if it happened during the shutdown.
• Ask your supervisor or HR how your duty station, telework options, and job duties will change, and keep their responses.

Legal Insight:

NASA’s Goddard changes are being framed as campus consolidation under an existing master plan, not as a formal RIF — but the union is already raising Antideficiency Act questions about work done during the shutdown.  Large consolidations can lead to reassignments, changes to duties, and later RIF actions, even if that’s not on paper yet. You can protect yourself by keeping copies of any relocation instructions, updated position descriptions, and telework or duty‑station changes. If you’re told to move sensitive or high‑value equipment under tight deadlines, note who told you what and when. If a future RIF or downgrade appears, those records may matter, and you can always talk with your union and a qualified federal employment attorney about next steps.

2. OPM’s New RIF Rule Would Put Performance Ratings Over Tenure

Source: Government Executive — Nov. 14, 2025

TL;DR: A draft OPM proposal would overhaul federal reduction‑in‑force (RIF) rules by making recent performance ratings the main factor in who stays and who goes. Instead of the current mix of tenure, veterans’ preference, and performance, agencies would use a points system based mostly on the last three appraisals. The plan would also pull more job types out of RIF protections and make it easier to downgrade employees when duties “erode,” without going through a formal RIF. 

For federal employees, this means:

• Your last three performance ratings could become the key numbers that decide your future in any RIF.
• Tenure and veterans’ preference would matter less if the rule is finalized as described. 
• More positions — including some “critical need” jobs and erosion‑of‑duties situations — might lose RIF procedural protections.
• Expect a public comment period, and watch for union guidance or agency briefings about how your job series could be affected.

Legal Insight:
Right now, RIFs follow 5 C.F.R. part 351, which gives weight to tenure, veterans’ preference, and service time, with performance as the last factor. OPM’s draft rule would flip that logic by heavily weighting performance scores and excluding more jobs from RIF coverage.  That makes it even more important to review your performance appraisals carefully, correct errors early, and keep copies of ratings, awards, and major accomplishments. When the proposal hits the Federal Register, you can submit comments as a citizen and watch for union or professional‑association comments that may support your position. If your job is later targeted for downgrade or RIF based on “eroded duties,” consider talking with your union and a qualified federal employment attorney, because appeal rights and timelines can be narrow and confusing.

3. IRS Tech Staff Told to Take ‘Skills Assessment’ Ahead of IT Reorganization

Source: Federal News Network — November 21, 2025

TL;DR: After losing more than 25% of its IT workforce this year, the IRS is reorganizing its tech office and has directed selected IT employees to complete a “technical skills assessment.” The CIO says the test is meant to create a baseline, not a performance rating, and that results won’t directly affect pay or grade. But employees told reporters they’re uneasy, especially given recent RIFs, firings, and the large number of contractors in IRS IT. 

For federal employees, this means:

• If you’re asked to take a skills assessment, read the email carefully to see if it’s mandatory, who will see your results, and how they’ll be used.
• Save the announcement and any FAQs, along with your confirmation that you completed the assessment.
• If you have a disability or need an adjustment, request reasonable accommodation in writing before you take the test.
• Watch for later links between the assessment, new job descriptions, reassignments, or contractor shifts, and keep those documents together.

Legal Insight:
On its face, the IRS is calling this a baseline skills check, not a performance review — but in practice, data from assessments can feed into reorg decisions, training assignments, or future RIF targeting. You have the right to ask, in writing, how the results will be stored, who can see them, and whether they’ll be tied to performance, promotion, or retention decisions. If the test format clashes with a medical condition or disability, request accommodation through your agency’s EEO or HR process and keep copies of all forms and responses. And if a later adverse action (like a reassignment, downgrade, or removal) seems tied to how you did on the assessment, consider looping in your union and a qualified federal employment attorney promptly — appeal deadlines can be short.

Legal Tip of the Day

Make Your Performance Plan Work for You (Before Problems Start)

You don’t need to be on a PIP for your performance plan to matter. In fact, it’s one of the best quiet protections you have when things are going well.

Try this once a month (or once a quarter, minimum):

• Open your performance plan. Make sure the critical elements match the work you actually do every week.
• When you get a big new duty or project, send a short email asking if your plan will be updated to reflect it.
• Keep a simple list (even a one‑page document) of specific things you finished that tie to each element.
• Before mid‑year or annual reviews, compare your notes to your plan so you can point to real examples, not just general impressions.

Why this helps: if you ever do face a bad review, PIP, or proposed discipline later, you’ll already have clear, dated proof of what your job was supposed to be and how you met those expectations. That can strengthen your response, your union grievance, or any appeal you decide to file.