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

• SBA RIF Whiplash: 77 employees told they’re reinstated…then told never mind.

• Shutdown Hatch Act Cases: Partisan shutdown messages may now have real career consequences.

• Shutdown-Pay Bill: A bipartisan proposal to guarantee pay for FAA controllers next time.

Top Stories:

1. SBA’s “Rescinded” RIF That Wasn’t

Source: Federal News Network — November 19, 2025

TL;DR: SBA told 77 employees their September 29 RIF notices were rescinded and they were being reinstated — then reversed itself the next day and said the original RIFs still stand, blaming how the shutdown-ending funding law is written.

For federal employees, this means:

• You can’t rely on a feel-good email alone; the exact dates on your RIF notice and the law matter.
• Every RIF notice, “rescission,” and recall message should be saved, screenshotted, and read slowly.
• If your RIF or separation date is near the shutdown window, you may need to push HR for a clear, written explanation of how they applied the law to you.

Legal Insight:
The Continuing Appropriations Act, 2026 and OPM’s RIF guidance protect certain actions taken between October 1 and enactment and pause many new RIFs for a period, but agencies are reading those limits differently. If you’ve had a shutdown-era RIF, a rescission, or a re-issued notice, keep every letter and email, and ask HR in writing how they applied the statute and OPM guidance in your case. Your union may already be challenging the agency’s interpretation on behalf of a larger group. Because RIF appeal and grievance deadlines are short and rigid, it’s smart to talk quickly with your union and a federal employment attorney if your status is in flux.

2. Shutdown Hatch Act Complaints: Where Do Partisan Messages Land?

Source: Federal News Network — November 19, 2025

TL;DR: During the 43-day shutdown, some agencies posted official messages blaming “the radical left” or “Democrats,” and Education changed furloughed workers’ out-of-office replies to blame “Democrat senators.” A court has already said Education crossed a constitutional line, and OSC is now digging into Hatch Act complaints over that partisan messaging.

For federal employees, this means:

• Being pressured to blame a political party in official email, web content, or auto-replies is a serious red flag.
• The exact words you’re told to send — and who told you to send them — can become central evidence in a Hatch Act or First Amendment case.
• Any notice that you’re under Hatch Act investigation or facing discipline tied to political messaging should be treated as urgent and time-sensitive.

Legal Insight:
The Hatch Act limits partisan political activity when you’re on duty or using official authority, and OSC is the agency that enforces it. The Education case shows that courts will not let agencies use your name and mailbox as a partisan billboard. If you’re instructed to send or post language blaming a party, ask for the directive in writing, save the drafts and emails, and consider looping in your ethics office, IG, OSC, or your union. If you get a notice of investigation or proposed discipline, keep every page, mark the deadlines on your calendar, and reach out to your union and a federal employment attorney before you respond.

3. New Bill Would Guarantee Pay for FAA Controllers During Shutdowns

Source: Associated Press (via ABC News) — November 19, 2025

TL;DR: A bipartisan group of senators has introduced a bill to guarantee that air traffic controllers and certain other FAA safety-critical employees still get paid during future shutdowns, after controllers worked 43 days without pay in the last one.

For federal employees, this means:

• If you’re an FAA controller, technician, or other covered safety employee, future shutdowns could still mean working — but not working without a paycheck.
• Other “excepted” feds are reminded that your pay (or lack of it) in a shutdown comes down to how Congress writes the funding rules.
• Watching how “covered positions” are defined in the bill will matter for your own paycheck risk.

Legal Insight:
The proposal would create a dedicated funding stream so specific FAA payroll accounts keep running even when regular appropriations lapse, similar to carve-outs that already exist for some military pay. For covered employees, you might still be designated “excepted” and required to work, but the law would aim to prevent delayed paychecks when Congress misses a deadline. It’s worth watching the final bill text, checking whether your position is included, and keeping any shutdown notices about your status and pay protections. If a future law says you should be paid and your paycheck still stops, deadlines to pursue pay or grievance claims can be tight, so talking with your union and a federal employment attorney who knows shutdown rules can be important.

Mindful Moment of the Day

If you’ve raised concerns, pushed back, or just told the truth when it wasn’t popular, it can leave your nervous system buzzing long after the meeting ends. A few quick resets you can use today:

• Before replying to a tough email, take two minutes away from your screen and breathe.
• Write down what happened — just the facts — so your brain isn’t carrying all of it alone.
• Text or call one trusted person and simply say, “Today was rough.” You don’t have to explain everything to deserve support.

You’re allowed to protect your career and your sanity at the same time.