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Southworth PC | Federal Employee Briefing — Thursday, 12/04/2025

Dec 04, 2025
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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

  • EPA dissent firings go to MSPB: A major test of how far your free-speech rights go as a federal employee.

  • VA tracking non‑citizen workers: New database could affect vetting, access, and job security for non‑citizen staff and contractors.

  • New TSP Roth conversion option: A coming feature that lets you shift traditional TSP money into Roth without leaving the plan.

Top Stories:

1. EPA Dissent‑Letter Firings Head to the MSPB

Source: Government Executive — December 3, 2025

TL;DR: Six former EPA employees who signed a “Declaration of Dissent” criticizing the Trump administration’s direction for the agency have appealed their removals to the Merit Systems Protection Board (MSPB). They were part of a larger group that faced suspensions and firings after EPA leadership claimed the dissent letter undermined operations and morale.

For federal employees, this means:

  • The line between protected personal speech on public issues and disciplinable conduct is being tested in a very public way.
  • How MSPB rules in these cases could influence how agencies react to employee dissent in the future.
  • If you speak out—on social media or in letters—you should assume the agency may scrutinize your actions and intent.

Legal Insight:
These cases fall under the Civil Service Reform Act and MSPB’s authority over removals, and they also raise First Amendment questions about federal employees’ speech on matters of public concern. If you’re facing discipline tied to public comments, social media posts, or a signed letter, keep copies of exactly what you wrote, any “personal capacity” disclaimers, and all proposal and decision notices. MSPB appeals from removals are generally due within about 30 days of the effective date, and related EEO or whistleblower claims can have different, short deadlines. Documents from unions or advocacy groups (such as PEER or AFGE) can support your case, but they do not replace actually filing an appeal or complaint. Because the stakes are high in removal cases and timelines are tight, consider speaking with your union and a qualified federal employment attorney as soon as you receive a proposed or final action.

2. VA Building Database of Non‑Citizen Workers for Possible Immigration Enforcement

Source: The Guardian — December 3, 2025

TL;DR: The Department of Veterans Affairs is creating a department‑wide database of non‑U.S. citizens who are “employed or affiliated” with VA, including employees, contractors, trainees, volunteers, and others with system access. A memo from the VA chief of staff tells offices to send detailed information so headquarters can produce a full report of all non‑citizen personnel by December 30, 2025. A VA spokesperson says “adverse findings” will be shared with “appropriate agencies” so people not authorized to be in the U.S. can be “dealt with accordingly,” raising concern about referrals to immigration enforcement.

For federal employees, this means:

  • Non‑citizen VA workers—and possibly others if similar efforts spread—may face more intense vetting and data‑sharing around their status.
  • Loss of system access or even separation could be tied to how your immigration category is documented.
  • Even workers with lawful status or veteran status may feel increased uncertainty and stress.

Legal Insight:
This effort sits at the intersection of personnel security vetting (“trusted workforce”), immigration enforcement, and workplace rights, and it may implicate the Privacy Act, anti‑discrimination rules, and basic due‑process protections if it leads to job actions based mainly on immigration category. If you are a non‑citizen employee or contractor, make sure your HR and security files accurately match your current immigration documents, and keep copies of everything for your records. If you receive a letter or email referencing this database, note the date, any response deadline, and ask in writing for the specific legal basis for any proposed action. If you believe you are being targeted because of national origin, citizenship status, or perceived immigration status, you may have EEO or other rights—but those windows can be short. Before you respond to a serious notice that could affect your job or status, consider talking with your union, an experienced immigration attorney, and a federal employment attorney.

3. New In‑Plan Roth Conversion Option Coming to the TSP

Source: PLANADVISER — December 1, 2025

TL;DR: The Thrift Savings Plan (TSP) plans to launch an in‑plan Roth conversion feature in late January 2026. This will let participants and eligible spousal beneficiaries convert money from traditional (pre‑tax) TSP balances into Roth balances without moving funds out of TSP, in amounts of at least $500 and up to 26 times per year through their online accounts. Converted amounts will be taxable in the year of conversion and reported on a Form 1099‑R, but they will not count against your annual contribution limits or change what shows on your W‑2.

For federal employees, this means:

  • You’ll soon have a new tool to shift existing traditional TSP money into Roth for long‑term tax planning.
  • You will owe income tax on the amount you convert, and you cannot undo the conversion once it is processed.
  • This may be attractive if you expect to be in a higher tax bracket later, but it can increase your short‑term tax bill.

Legal Insight:
In‑plan Roth conversions are allowed under the tax code and were expanded by the SECURE 2.0 Act, and TSP is now adopting this through its own policy and guidance. Before you convert, think carefully about your current and expected future tax brackets, your other income, and your withholding so you are not surprised at tax time; many people will want advice in writing from a tax professional. Save confirmations or screenshots of any conversion request, and later confirm that your TSP statements and Form 1099‑R match what you intended. If the plan processes a conversion incorrectly or without your authorization, you may need to act quickly through TSP’s dispute process. Because retirement and tax choices are long‑lasting, consider consulting a tax adviser and, if there are administrative errors or misadvice from the agency, a federal employment or benefits attorney.

Mindful Moment of the Day

Security Line Reset 

If you badge into a federal building, the security line can feel like wasted time or a daily annoyance. Try turning it into a short mindfulness practice instead. As you wait, feel your feet on the floor, notice the air on your skin, and count five slow breaths while you inch forward. By the time you clear the checkpoint, your body is already more relaxed and ready for the day, instead of starting in a stress spike. 

 

In Case You Missed It

A few quick hits from our recent videos and posts:

RIF During a Congressional Freeze: What Federal Employees Need to Know

12.3 Congress Froze Layoffs. Agencies Are Still Firing People. Is That Legal?

When “We’re Still Reviewing It” Becomes a Legal Denial of RA

12.3 Pending Accommodation? When Delay Becomes Illegal

Two-Year Probation? What the EQUALS Act Could Mean for Feds

12.3 Congress Just Moved the Goalposts for Probationary Feds

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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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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