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 may cap top performance ratings: could affect awards, bonuses, and career progression; documentation matters more than ever.

• Judge orders reversal of some shutdown-era layoffs: separated employees should watch for reinstatement and back-pay steps.

• NIH lawsuit spotlights retaliation risk: speaking up can be protected, but only if you document and use the right channels.

Top Stories:

1. OPM May Limit Top Ratings and Standardize Scoring Across Agencies

Source: Government Executive — December 17, 2025

TL;DR: OPM is drafting a rule that would cap how many employees can receive the highest ratings and make performance scoring more consistent across the federal government. This could change how supervisors assign top ratings and how agencies tie ratings to awards and advancement.

For federal employees, this means:

• Expect more competition for top ratings if caps are adopted.
• Keep your performance plan, expectations, and accomplishments tight and easy to prove.
• Don’t wait until year-end—ask for measurable standards and feedback early.

Legal Insight:
Federal performance systems generally fall under 5 U.S.C. chapter 43 and 5 CFR part 430. If your agency changes rating patterns or award tie-ins, the “paper trail” matters—save your performance plan, written expectations, mid-year notes, key emails, and your end-of-year accomplishments list. If a low rating leads to a PIP or discipline risk, deadlines can be short, so consider talking with your union and a qualified federal employment attorney.

2. Federal Judge Orders Reversal of Hundreds of Layoffs Finalized During Shutdown

Source: Federal News Network — December 17, 2025

TL;DR: A federal judge issued a preliminary injunction ordering several agencies to rescind certain RIF actions tied to the shutdown timeline and reverse layoffs that had been finalized. Agencies may need to unwind separations, restore pay/benefits where required, and issue new guidance while the case continues.

For federal employees, this means:

• If you were separated or received a RIF notice, watch for reinstatement and back-pay instructions.
• Verify your pay, leave, and health coverage status in writing with HR.
• Save every notice and record now—don’t assume you can pull it later.

Legal Insight:
RIF procedures are governed mainly by 5 CFR part 351, and back-pay corrections can involve the Back Pay Act (5 U.S.C. § 5596) depending on the situation. Save your RIF notice, separation paperwork (including SF-50s), benefits notices, and pay stubs, and keep a dated log of who you contacted and what you were told. Many RIF-related challenges have strict filing windows (often around 30 days, depending on your options), so because deadlines can be short, consider talking with your union and a qualified federal employment attorney.

3. NIH Lawsuit Highlights the Stakes When Employees Allege Illegal Firing Tied to Research Cuts

Source: Associated Press (via ClickOnDetroit) — December 16, 2025

TL;DR: A former NIH scientist filed a lawsuit claiming an illegal firing connected to research cuts. The story underscores that disputes involving internal dissent, program changes, and employment actions can escalate quickly.

For federal employees, this means:

• If you raise concerns about agency actions (especially legal compliance, safety, fraud/waste/abuse), document what you reported, when, and to whom.
• Use reporting channels that are more likely to protect you (and keep copies of what you submit).
• If management proposes a sudden action after you speak up, take it seriously and respond on time.

Legal Insight:
Retaliation claims often involve the Whistleblower Protection Act and the federal “prohibited personnel practices” rules (including 5 U.S.C. § 2302(b)). Practical steps: keep copies of disclosures and supporting records, write down timelines while details are fresh, and don’t rely only on verbal conversations for high-stakes issues. If you receive a proposed removal, reassignment, suspension, or other action, do not ignore it—ask for key documents and respond within the deadline. Because deadlines can be short, consider talking with your union and a qualified federal employment attorney.

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Mindful Moment of the Day

Staying Steady in Union or Management Meetings

Whether you’re a bargaining unit employee, a union rep, or a supervisor, labor‑management meetings can feel charged. Before you walk in (or log on), decide on one value you want to embody—respect, clarity, or patience—and breathe that word in and out three times. During tense moments, feel your feet on the floor while you listen, and silently repeat your word like an anchor. You still say what needs to be said, but your tone stays closer to that value instead of mirroring the most upset person in the room.