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Southworth PC | Federal Employee Briefing — Thursday, 02/05/2025

Feb 05, 2026
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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

  • Bigger buyouts may be coming: A bill could raise the maximum VSIP buyout from $25,000 to up to six months of salary.
  • Some law enforcement jobs may see a 3.8% increase: OPM expanded which roles qualify—double-check your SF-50 and pay records.
  • Performance ratings may get tougher: OPM is pushing agencies toward “normalized” rating distributions—documentation matters more.

Top Stories:

1. Bigger Federal Buyouts May Be On the Way

Source: Government Executive — February 4, 2026

TL;DR: A House committee advanced a bill that could raise the max federal buyout (VSIP) from $25,000 to up to six months of salary.

For federal employees, this means:

  • If your agency is downsizing or reorganizing, buyout offers could become much more valuable.
  • If you get a buyout offer, do not rely on verbal summaries—get the written terms, deadlines, and any “payback” rules.
  • This may affect your retirement timing, transfer plans, or whether you wait for other options (like VERA).

Legal Insight:
VSIPs are authorized under 5 U.S.C. § 3523, and this bill would change the maximum dollar amount agencies can offer. A buyout is voluntary, but it can affect future reemployment and may overlap with retirement options or pending actions. If a buyout is offered, ask HR (in writing) about eligibility, the deadline to accept, repayment triggers, and any rehire limits. Because deadlines can be short, consider talking with your union and a qualified federal employment attorney.

2. OPM Expanded Who Qualifies for a 3.8% Law Enforcement Pay Increase

Source: Government Executive — February 4, 2026

TL;DR: OPM added more job roles to the group eligible for a special 3.8% law enforcement pay increase.

For federal employees, this means:

  • If you work in a covered law enforcement role (or supervise one), you should confirm your pay change actually shows up.
  • Check your SF-50, position title/series, and your pay records (LES) for correct coding.
  • If you believe you qualify but don’t see the increase, raise it quickly in writing and attach your position info.

Legal Insight:
Special pay rules often turn on small details—your job series, pay system, duty location, and whether your position meets the definition used for the special rate. Keep copies of your SF-50 and LES records showing any change (or missing change). If the agency says you’re not covered, ask for the reason in writing and check whether your union contract has a grievance path and a short deadline. Because deadlines can be short, consider talking with your union and a qualified federal employment attorney.

3. OPM Signals “Normalized” Performance Rating Distributions for FY 2026

Source: FEDweek — February 3, 2026

TL;DR: OPM leadership signaled agencies should move toward a more “normal” spread of ratings, instead of ratings skewing heavily to the top.

For federal employees, this means:

  • Your performance rating may depend more on comparisons within your team, not just whether you met goals.
  • Mid-year check-ins and clear written expectations will matter more.
  • If you want awards/bonuses (or you’re worried about being underrated), start building your “paper trail” now.

Legal Insight:
Performance ratings can affect step increases, awards, and—if things go south—PIPs and removals under your agency’s performance system. Treat this appraisal cycle like building a record: confirm priorities in writing, save key deliverables, and keep a simple list of wins and obstacles (staffing, shifting priorities, training gaps). If you get a lower rating than expected, ask for the specific reasons and examples in writing and review any union grievance process that might apply. Because deadlines can be short, consider talking with your union and a qualified federal employment attorney.

Mindful Moment of the Day

Steadying Yourself After a Serious Email

Seeing an email from OIG, Internal Affairs, HR, or your chain of command with a vague subject line can send a lightning bolt through your body. Before you click, put both feet flat on the floor, feel where the anxiety shows up—maybe in your stomach or throat—and take ten slow breaths, longer on the exhale. Tell yourself, “Right now I’m just reading words on a screen, not living the whole story my brain is inventing.” Once your body is a notch calmer, you’ll be better able to understand what the email actually says and decide on your next step or who you want to consult. 

 

In Case You Missed It

A few quick hits from our recent videos and posts:

OPM Back Pay Guidance Changes and a New Bill That Could Fix It

2.4 OPM Edited Shutdown Back Pay Guidance, And a New Bill Could Fix It

DHS Funding Deadline: ICE/CBP Guardrails Protect Everyone

2.4 This ICE and CBP Testimony Raises Hard Questions

Congress Quietly Extended RIF Protections—Here’s What That Means

2.4 RIF Pause Extended But Expires Again on February 13

Worried About Retaliation or Being Targeted for Speaking Up?

If you’ve reported misconduct, safety concerns, discrimination, or waste/fraud/abuse—and now you’re seeing sudden schedule changes, bad performance reviews, or threats of discipline—you may be in whistleblower or retaliation territory.

We represent federal employees who:

  • Reported concerns and then saw adverse actions

  • Were sidelined, reassigned, or given impossible workloads after speaking up

  • Face investigations, PIPs, or proposed removals that look like payback

  • Need help navigating OSC complaints, EEO claims, or MSPB appeals tied to retaliation

A free, confidential consultation can help you sort out what’s normal agency behavior and what may cross the line—and what to do before your options narrow.

👉 Schedule Your Free Consultation Today

Southworth, P.C. | Attorneys For Federal Employees

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.

Your service is worth protecting. Let's protect it together at Southworth PC.

 

 

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The Federal Employee Briefing: Your Trusted Guide in Uncertain Times

Stay informed, stay prepared. The Federal Employee Briefing delivers the latest on workforce policies, legal battles, RTO mandates, and union updates—helping federal employees navigate rapid changes. With job security, telework, and agency shifts in flux, we provide clear, concise insights so you can protect your career and rights. Get expert analysis on what’s happening, why it matters, and what you can do next—delivered straight to your inbox.
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