Southworth PC | Federal Employee Briefing — Monday, 12/01/2025
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
- OPM eyes senior executive cuts: Agencies must review and may reduce SES/SL/ST positions by December 19.
- Prison officers sue for union rights: AFGE local challenges BOP’s abrupt termination of a collective bargaining agreement.
- Foreign spies targeting federal workers: New warning about fake “job offers” and consulting gigs aimed at current and former feds.
Top Stories:
1. OPM Pushes Agencies to Review and Possibly Cut Senior Executive Positions
Source: Federal News Network — November 26, 2025
TL;DR: OPM’s November 24 memo tells agencies to reassess how many SES, Senior Level (SL), and Scientific/Professional (ST) positions they truly need after this year’s large workforce cuts. Agencies must send OPM a workforce assessment by December 19, including how many senior-level slots they plan to abolish and their future requested allocations.
For federal employees, this means:
- Your agency’s top leadership structure may shrink or be reorganized, with fewer SES/SL/ST positions.
Changes at the top can lead to reorganizations, new reporting chains, and shifting duties lower down the org chart.
If you are in, near, or working closely with these senior roles, your job path and advancement opportunities could change.
Legal Insight:
The key document is OPM’s CHCO memo “Call for Agency Review of Executive Allocations,” which requires agencies to reassess and possibly reduce their SES/SL/ST allocations and report back by December 19. This sits within a broader framework that includes President Trump’s October 15 executive order on “Ensuring Continued Accountability in Federal Hiring,” which tightened government-wide headcount planning and continued a strict hiring freeze with limited exceptions. Practically, if you are in or close to senior-level positions, save current and proposed organizational charts, your position description, and any written communications about restructuring. If you are told your role will be downgraded, converted, or abolished as part of an “executive allocation review,” ask HR in writing whether RIF, reassignment, or adverse-action rules apply and request a clear explanation of your options and any deadlines. Because changes to grade, duties, or status can trigger short MSPB, RIF, or other appeal deadlines, consider talking with your union and a qualified federal employment attorney if you receive a formal notice tied to this review.
2. Correctional Officers Sue BOP to Restore Union Rights
Source: Government Executive — November 24, 2025
TL;DR: AFGE’s Council of Prison Locals 33 has sued the Bureau of Prisons over BOP’s September decision to terminate the union’s collective bargaining agreement under recent Trump anti-union executive orders. The lawsuit, filed in federal court in Connecticut, claims BOP acted in an “arbitrary and capricious” way because it kept honoring the contract for weeks after OPM said agencies may cancel CBAs, then abruptly ended it while calling the union an “obstacle to progress.” The complaint challenges how BOP used its discretion, not the legality of the executive orders themselves.
For federal employees, this means:
- Even under anti-union executive orders, agencies still have to follow rules and explain how and why they cancel CBAs.
- Unions may be able to challenge abrupt or poorly justified contract cancellations in court or other forums.
- If your agency is changing or canceling your CBA, the details and timing of their decision may matter for your rights.
Legal Insight:
The backdrop is a pair of Trump executive orders from March and late August 2025 that use a “national security” provision in the 1978 Civil Service Reform Act to strip many federal employees of collective bargaining rights and to allow agencies to terminate CBAs at certain agencies, including BOP. OPM’s August FAQ told agencies they may choose to terminate or repudiate CBAs, after consulting with their general counsel, but did not require them to do so; AFGE’s lawsuit leans heavily on that discretionary language and BOP’s own blog post calling the union an “obstacle to progress.” If you are covered by a union contract, keep a copy of your CBA, any cancellation or modification notices, and any agency emails about the status of your bargaining rights. If your agency announces that your CBA is being terminated or narrowed, ask in writing which authority they rely on (specific executive order, OPM guidance, or court decision) and whether any parts of the contract remain in effect during the transition. Because challenges to CBA changes can involve federal court, FLRA, and contract grievance procedures with different and sometimes short deadlines, consider working with your union and talking with a qualified federal employment attorney if you receive notice that your contract protections are being rolled back.
3. Foreign Spies are Targeting Federal Workers and their Families
Source: Government Executive — November 24, 2025
TL;DR: An Army intelligence memo from Lt. Gen. Anthony Hale warns that foreign intelligence services are stepping up efforts to recruit soldiers, civilian employees, and their families. Tactics include fake consulting firms, fake recruiters, and think-tank “job offers” that pay unusually high amounts for short white papers or ask for travel, as well as slow, probing conversations on platforms like LinkedIn, Reddit, and Discord. The memo notes these efforts are ramping up at a time when layoffs and shutdown-related financial stress are pushing more current and former federal workers to look for extra income.
For federal employees, this means:
- Unsolicited, high-paying “consulting” or “expert” offers that target your federal experience may be hostile intelligence approaches.
- Foreign actors may try to move you from public platforms into private or encrypted chats to slowly pull sensitive information from you.
- Financial stress can make these offers more tempting, so it is especially important to slow down, verify, and report anything suspicious.
Legal Insight:
Hale’s warning builds on an April 8, 2025 joint bulletin from the National Counterintelligence and Security Center (NCSC), FBI, and Defense Counterintelligence and Security Agency called “Online Targeting of Current & Former U.S. Government Employees.” That guidance explains how foreign intelligence entities, especially China, use fake job postings and consulting offers to target people with federal backgrounds, and it reminds clearance holders that their duty to protect classified information continues even after leaving government service. Practically, you should be cautious about sending résumés or writing paid “white papers” for unknown entities, especially if the pay seems too high or the work is vague. If someone you don’t know wants to move a conversation off a professional platform and into a private encrypted app, or keeps pushing for details about your work, document the contact (screenshots, usernames, dates) and follow your agency’s security reporting rules. If you hold or held a clearance and believe you may have shared sensitive information, do not try to “manage it yourself” — reach out to your security office and consider talking with a union representative and a lawyer experienced in federal security-clearance or employment issues.
Legal Tip of the Day
Facing Discipline or Performance Problems
If you get a proposed suspension, removal, or a poor performance rating, it is easy to freeze or to send an angry email you later regret. Before you respond, slow down and gather your documents: your performance plan, ratings, emails about your work, and any instructions you were given. Read the proposal or rating carefully and underline the specific allegations or “examples” your agency says support its decision. Ask in writing for any missing details you need to respond (dates, times, specific incidents) and calendar any response deadline listed in the notice. Finally, consider talking with your union and a federal employment attorney before you submit a response, especially if your job is on the line — your initial written reply can shape the rest of the case.
In Case You Missed It
A few quick hits from our recent videos and posts:
Here's What I Would Tell DOGE If It Had an Exit Interview
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Gratitude as a Legal and Mental Clarity Tool for Federal Employees
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Need Help with Discipline or Performance?
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Proposed discipline and removals
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Performance issues and PIPs
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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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