The Federal Employee Briefing for April 1, 2025
Welcome to the Federal Employee Briefing by Southworth PC - attorneys for federal employees. Our online community has grown to over 120,000 federal employees and followers across TikTok, Instagram, YouTube, Facebook, and LinkedIn—united by timely legal insights and genuine care for workplace challenges, plus passionate legal and social advocacy to back those who back America. In today’s briefing, you'll get authoritative updates, practical strategies, and mindful guidance designed specifically for your federal career. Join us to stay informed, empowered, and supported. Thank you everyone for your support! We are grateful!
Top Three News Stories:
1. White House Pushes Supreme Court to Halt Federal Worker Reinstatements
The Biden-appointed judiciary and Trump administration continue to clash over the forced rehiring of 16,000 probationary federal employees. On Monday, the White House filed an emergency request with the U.S. Supreme Court to block enforcement of a lower court order that had required reinstating workers across six Cabinet departments. The administration argues that the judiciary is overstepping its constitutional role by interfering with the president’s authority to control executive-branch personnel decisions. Lower courts had ruled the terminations unlawful for failing to follow required performance evaluations and due process protections—even for probationary staff. This case is now positioned to become a landmark test of executive power over the civil service. Reuters
Legal Insight:
The case raises critical questions about the scope of executive discretion in personnel management. While probationary employees do not enjoy the same full procedural rights as tenured employees, they are still protected from mass terminations that bypass individualized performance assessments and violate internal agency guidelines. The courts’ position reflects longstanding legal principles: even expedited removals must be anchored in lawful cause and fair process. If the Supreme Court upholds the reinstatement order, it will reinforce judicial oversight as a safeguard against politically motivated or procedurally defective terminations—potentially reshaping future administration strategies on federal downsizing.
2. Union Sues to Block Trump Executive Order Stripping Collective Bargaining Rights
The American Federation of Government Employees (AFGE) has filed suit in federal court to stop the Trump administration from enforcing an executive order that would end collective bargaining for tens of thousands of federal workers. The order, issued earlier this month, exempts national security-related agencies such as the Department of Veterans Affairs and Department of Defense from their statutory duty to negotiate with unions. AFGE alleges the move is unconstitutional and retaliatory—part of a broader pattern of anti-union actions stemming from the administration’s frustrations with prior legal pushback from organized labor. The lawsuit marks one of the most aggressive legal challenges to executive authority over federal labor relations in decades. Reuters
Legal Insight:
The Trump executive order collides directly with provisions of the Federal Service Labor-Management Relations Statute (5 U.S.C. Chapter 71), which protects the rights of employees to form, join, and be represented by unions. Courts have historically ruled that while the president has broad authority over national security, that power is not unlimited—particularly when it targets workers’ collective rights without compelling justification. If AFGE can show that the executive order constitutes viewpoint discrimination or retaliation against protected activity, it may succeed in getting the order enjoined. This lawsuit will also test whether the president can redefine agency functions to evade collective bargaining obligations unilaterally.
3. DOGE Granted Access to Federal Payroll System Despite Internal Objections
Elon Musk’s Department of Government Efficiency (DOGE) has quietly gained access to the Federal Personnel and Payroll System (FPPS), a vast HR database that holds records for over 270,000 federal employees. Senior officials at the Department of the Interior reportedly objected to the move, warning that DOGE’s personnel lacked proper clearances, training, or justification for accessing sensitive data such as Social Security numbers and salary histories. Despite these concerns, two career IT officials who pushed back were placed on administrative leave, triggering further alarm about whistleblower retaliation. This latest action adds to growing scrutiny over DOGE’s expanding role in federal operations. The Guardian
Legal Insight:
Accessing systems like FPPS without compliance with FISMA (the Federal Information Security Modernization Act) and privacy clearance requirements could expose agencies to both data breach liability and whistleblower litigation. The administrative leave of IT officials raises serious implications under the Whistleblower Protection Act, which prohibits retaliation against employees who report security risks, privacy violations, or improper access to government systems. If it is found that DOGE bypassed required authorization processes, there could be legal grounds for both internal investigations and external oversight actions, especially given the scale and sensitivity of the data involved.
Mindful Moment of the Day:
The “Name Your Strength” Boost
When self-doubt arises, take a mindful moment to silently name a core strength—resilience, patience, creativity—that has carried you through previous challenges. Remind yourself gently that this same strength remains within you, ready to meet the current moment. This practice builds emotional resilience and confidence, helping you navigate workplace stress more calmly.
Legal Tip of the Day:
Understanding and Exercising Your FMLA Rights
The Family and Medical Leave Act (FMLA) entitles eligible federal employees to up to 12 weeks of protected leave per year. However, agencies frequently request medical certifications and enforce deadlines strictly. Ensure timely submission of all required documentation, and promptly seek legal advice if your agency attempts to unfairly restrict your access or retaliate against you for asserting FMLA rights.
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Social Media Recap:
Hey Federal Employees! Our newest insights—fresh from social media—are now live on the blog. Check out today’s timely updates and practical tips to confidently navigate your federal employment challenges. Here's what's new:
Why Scientists Are Leaving—and Why It Matters
Is National Security Being Used Against Federal Unions?
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