Southworth PC | Federal Employee Briefing — Tuesday, 12/16/2025
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
-
Performance ratings may be capped: Top scores could be harder to get—protect yourself with documentation.
-
DOT deferred resignation offer (tight deadline): Some DOT employees may need to decide by Dec. 19.
-
Retirement delays are growing: If you plan to retire soon, plan for possible payment gaps and keep a complete file.
Top Stories:
1. Reports: Agencies Told to Limit Top Performance Ratings
Source: The Washington Post — December 16, 2025
TL;DR: The White House is reportedly pushing agencies to limit how many employees receive the highest performance ratings. Some managers were reportedly told to cluster scores around “3 out of 5,” which could affect bonuses, promotions, and future actions.
For federal employees, this means:
- If you’re heading into a rating cycle, get your performance plan and standards in writing and re-read them now.
- Save your proof: midyear reviews, key work products, emails assigning work, and any praise or metrics.
- If you’re told ratings are being “forced” or changed, ask for the policy in writing (and keep it).
Legal Insight:
Federal performance ratings are governed by Title 5 and OPM rules (including 5 C.F.R. part 430). Ratings of record are supposed to be based on your actual performance—not an automatic score. If a lower rating is tied to a PIP (performance improvement plan), loss of a bonus, or proposed discipline, don’t wait—many challenge windows are short. Because deadlines can be short, consider talking with your union and a qualified federal employment attorney.
2. DOT Renews a “Deferred Resignation” Offer (Less Generous, Limited to Some Offices)
Source: Government Executive — December 15, 2025
TL;DR: The Department of Transportation is offering a new round of “Deferred Resignation Program” incentives for employees in certain DOT components (including the Office of Civil Rights and the Maritime Administration). Eligible employees reportedly must opt in by Friday, December 19, with separation by March 31.
For federal employees, this means:
- If you’re eligible, you may have **days—not weeks—**to decide.
- Before you opt in, confirm in writing: your separation date, what “paid leave” status means, and how benefits and retirement will work.
- If you’re close to retirement, request a retirement estimate and confirm when your package would be submitted.
Legal Insight:
OPM has issued governmentwide guidance on deferred resignation, and these offers may overlap with other tools like VERA (early retirement) and VSIP (buyouts)—depending on what your agency is actually offering. Do not rely on verbal explanations. Ask HR for the offer memo/FAQ and any agreement, and get answers in writing about pay, leave, FEHB/FEGLI, retirement deductions, and outside employment rules during the leave period. Because deadlines can be short, consider talking with your union and a qualified federal employment attorney before you sign anything or make an irreversible election.
3. Retirement Processing is Slowing—Plan for Delays
Source: Federal News Network — December 15, 2025
TL;DR: Federal News Network reports major delays in federal retirement processing during 2025. The story links the slowdown to very high retirement volumes and strained agency HR pipelines.
For federal employees, this means:
- If you plan to retire soon, plan for possible delays between your last paycheck and your first full annuity payment.
- Keep a complete “retirement file” with copies of every form, email, receipt, and confirmation.
- If payments are delayed or wrong, follow up in writing and track dates, names, and any case numbers.
Legal Insight:
Retirement claims typically move from your agency to OPM, and many retirees start with an interim (partial) annuity while OPM completes the case. Use OPM’s retirement resources to confirm the steps, and keep copies of key forms (like SF-3107/SF-2801), service history, and leave/earnings statements. If you hit long delays or serious errors that don’t get fixed through normal channels, consider getting help. Because deadlines can be short, consider talking with your union and a qualified federal employment attorney—especially if the problem affects your income or health coverage.
Help us feed the DMV, this Saturday.
![]()
Mindful Moment of the Day
When You Feel Invisible at Work
Sometimes federal work means doing a ton behind the scenes and watching others get the credit. When that sting shows up, pause and place a hand over your heart or on your desk, and take five slow breaths like you’re gently tapping the brakes. Write down one way your work helped someone today—a veteran, a taxpayer, a coworker, or even your future self. You can still advocate for recognition, but this practice keeps your worth tied to your values and effort, not only to applause.
In Case You Missed It
A few quick hits from our recent videos and posts:
Federal HR 2.0: Why Your Records Matter More Than Ever
|
Feed the DMV: Let's Show Up for Our Community
|
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:
-
EEO complaints for discrimination, harassment, and hostile work environment
-
Retaliation for prior EEO activity or protected conduct
-
Reasonable accommodation disputes
-
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
|
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.
Responses