Southworth PC | Federal Employee Briefing — Tuesday, 11/25/2025
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
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Shutdown RIF rollbacks: Congress says agencies aren’t reinstating enough workers under the new RIF moratorium in the continuing resolution.
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Union rights vote coming: A House discharge petition forces a vote on H.R. 2550 to undo the “national security” exclusions and restore bargaining rights.
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Schedule P/C moves forward: OPM’s new excepted‑service category for policy jobs reaches OIRA, putting tens of thousands of protections at risk.
Top Stories:
1. Shutdown RIFs and the Fight for Reinstatement
Source: Federal News Network — November 24, 2025
TL;DR: Congress put a broad RIF moratorium into the November 12 continuing resolution, but some agencies are reading it very narrowly. Lawmakers say Section 120 voids many shutdown‑related RIFs and are pressing SBA and other agencies to reinstate more laid‑off employees with back pay.
For federal employees, this means:
- If you received a RIF notice or were separated in connection with the shutdown between October 1 and the date the CR became law, you may have an argument that the RIF is void.
- Section 120 of the Continuing Appropriations Act, 2026 says RIF actions “proposed, noticed, initiated, executed, implemented, or otherwise taken” in that window have no force or effect.
- Some affected employees are already pursuing MSPB appeals and federal court cases, so your options may be broader than whatever your agency tells you at first.
Legal Insight:
Section 120 of the Continuing Appropriations Act, 2026 (H.R. 5371) and OPM’s follow‑up CHCO memo are the key documents; together, they tell agencies to withdraw covered RIF notices and reinstate affected employees with back pay where appropriate. In practice, keep copies of every RIF notice, rescission or reinstatement letter, SF‑50, and email about your separation or return. Ask HR in writing how Section 120 and the OPM memo apply to your situation, and write down any deadlines listed for MSPB appeals or grievances. Because deadlines can be short and there may be overlapping options (MSPB, EEO, OSC, or a union grievance), consider talking with your union and a qualified federal employment attorney.
2. House Forced to Vote on Restoring Federal Union Rights
Source: NARFE — November 24, 2025
TL;DR: A discharge petition on H.R. 2550, the Protect America’s Workforce Act, has reached 218 signatures, forcing House leaders to schedule a floor vote. The bill would cancel a Trump executive order that used broad “national security” claims to strip collective bargaining rights from an estimated 67% of the federal workforce at major agencies.
For federal employees, this means:
- If your union contract or representation was wiped out under the “exclusions” executive order, H.R. 2550 could restore your collective bargaining rights.
- A statutory fix would put those protections into law, instead of relying only on ongoing lawsuits challenging the executive order.
- You may see more outreach from unions and advocacy groups as they push members to contact their House offices ahead of the vote.
Legal Insight:
This fight is about the executive order titled “Exclusions from Federal Labor‑Management Relations Programs” and H.R. 2550, which would nullify that order and restore coverage under the Federal Service Labor‑Management Relations Statute. A discharge petition with 218 signatures forces House leadership to move the bill, but it still must pass the Senate and be signed before anything actually changes on the ground. If your contract was cancelled or narrowed, save copies of the old agreement, cancellation letters, and proof of how working conditions changed afterward. Because grievance and unfair labor practice timelines can be short and technical, check in with your union and consider talking with a federal employment attorney before signing anything that could waive your rights.
3. Schedule P/C Rule Moves Closer to Reality
Source: NARFE — November 24, 2025
TL;DR: OPM’s final rule creating the new Schedule Policy/Career (Schedule P/C) employment category has reached the Office of Information and Regulatory Affairs (OIRA), the last stop before it can be finalized. The rule would move more than 50,000 “policy‑influencing” jobs into an excepted‑service schedule similar to the old “Schedule F,” where it is easier to fire employees and harder for them to use normal civil service protections.
For federal employees, this means:
- If your job is considered “policy‑influencing,” it could be targeted for reclassification into Schedule P/C.
- Schedule P/C positions would lose many of the due‑process and appeal protections that come with competitive‑service status and Title 5 rules.
- Your job security could depend more on alignment with presidential priorities and less on the usual merit‑based protections.
- The Saving the Civil Service Act (H.R. 492 / S. 134) is aimed at blocking or rolling back Schedule P/C, but it has not yet become law.
Legal Insight:
Executive Order 14171, “Restoring Accountability to Policy‑Influencing Positions Within the Federal Workforce,” created the Schedule P/C category and directed OPM to implement it through regulation. The pending rule at OIRA would let agencies reclassify “policy‑influencing” career jobs into an at‑will excepted schedule, cutting back many Title 5 appeal rights and MSPB protections. The Saving the Civil Service Act (H.R. 492 / S. 134) is designed to stop these reclassifications and prevent similar workarounds in the future, but it is still only proposed legislation. For now, check your SF‑50 and internal agency notices to see how your position is classified, keep copies of any documents mentioning Schedule P/C, and if you get a reclassification notice, ask HR in writing what rights you will keep or lose and calendar any effective dates; given the stakes, it makes sense to talk promptly with your union and a federal employment attorney.
Mindful Moment of the Day
Federal workplaces can be stressful, especially when you’re dealing with harassment, discrimination, or a hostile environment and you still have to show up and do your job. Today, try this simple reset:
- After a tense meeting or bad interaction, pause for five minutes before replying to any email or message.
- Write down what happened in short, factual sentences (who, what, when, where) instead of replaying it in your head.
- Note dates, times, and witnesses; this helps later if you decide to contact EEO, your union, or an attorney.
- Reach out to one trusted person—a friend, coworker, or representative—so you don’t carry the stress alone.
You don’t have to decide today whether to file anything. Just staying grounded and keeping good notes is a powerful first step.
In Case You Missed It
A few quick hits from our recent videos and posts:
OPM’s RIF Proposal: How Performance Ratings Could Cost You Your Job
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After DOGE’s Implosion: The Silent Shift in Federal Workforce Cuts
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Facing Harassment or Discrimination?
If you’re dealing with slurs, exclusion, hostile emails, or sudden negative treatment after speaking up, you don’t have to wait until things get unbearable to explore your options.
We regularly represent federal employees in:
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EEO complaints for discrimination, harassment, and hostile work environment
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Retaliation for prior EEO activity or protected conduct
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Reasonable accommodation disputes
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Related discipline or performance issues that follow on the heels of complaints
In your free, confidential consultation, we’ll walk through what’s been happening, key dates (including the short EEO deadlines), and the tools available to you—formal and informal.
👉 Schedule Your Free Consultation Today
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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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