The Federal Employee Briefing for August 5, 2025
Brought to you by Southworth PCâAttorneys for Federal Employees
Our online community now tops 150,000 federal workers and supporters across TikTok, Instagram, YouTube, Facebook, and LinkedIn. Each briefing distills the dayâs most consequential developments, adds clear-eyed legal analysis, and pairs it with mindfulness tools that keep you steady no matter how turbulent the news cycle becomes. If this newsletter helps you stay informed, please pass it on: https://fedlegalhelp.com/newsletter. Your advocacy broadens the protective circle for every federal employee.
Top Three News Stories:
1. Appeals Court Clears Trumpâs Anti-Union Executive Order
A three-judge panel of the Ninth Circuit stayed a lower-court injunction and allowed President Trumpâs order barring collective-bargaining rights at most civilian agencies to take effect. The panel said national-security justifications outweighed unionsâ retaliation claims, echoing a May decision from the D.C. Circuit. AFGE and NTEU vowed to seek en banc review and warned that two-thirds of the federal workforce could lose negotiated grievance procedures within weeks. Agencies covered by the order must file implementation plans with OPM by August 18. AP News
Legal Insight:
The order suspends recognition of affected unions but does not cancel existing Merit Systems Protection Board, EEO or whistle-blower protectionsâemployees retain individual appeal rights. Agency management should generally still honor active collective-bargaining agreements until the Federal Labor Relations Authority issues a de-certification notice. Dues withholding stops once recognition ends generally.
2. Competing Head-Count Reports Sow Confusion Over Scope of Downsizing
OPM told reporters that 154,000 employees have exited through the Deferred Resignation Program this year, while a Senate Homeland Security investigation pegs the figure at about 200,000. Hours later, the Partnership for Public Service issued its own tallyâ148,000âbased on agency press releases and court filings. OPM Director Scott Kupor said on Fox Business he expects departures to âmore than doubleâ by yearâs end as hiring remains frozen. Analysts fault the administration for shifting FedScope data categories, making apples-to-apples comparisons harder. Federal News Network
Legal Insight:
DRP participants stay on the rollsâand accrue service creditâuntil their effective resignation date (most are Sept. 30 or Dec. 31). If a participant is recalled before that date, agencies must recalculate lump-sum leave and VSIP eligibility under 5 U.S.C. § 5595. Components that lost 20 % of staff can apply to OPM for direct-hire authority to backfill âmission-criticalâ gaps despite the freeze. Congress is already seeking IG audits of DRP costs; remind clients to keep documentation of any overtime or contract costs incurred to cover vacancies.
3. DoDâs Technical-Information Center will RIF 80% of its Civilian Staff.
The Pentagon announced that the Defense Technical Information Center (DTIC) will retain only 40 of its 193 civilian employees, issuing RIF notices to the remainder by August 25. Officials said the cutâpart of a broader efficiency driveâwill save $25 million and ârefocus DTIC on its core statutory mission.â The move follows similar downsizing at the Operational Test & Evaluation office earlier this year. Unions warned that losing subject-matter experts could hinder the militaryâs ability to share research data across services. Defense One
Legal Insight:
RIF separations must follow 5 C.F.R. Part 351: 60-day written notice, veteransâ preference, and âbump-and-retreatâ rights within DTICâs competitive area. Employees receiving notices should request their retention-register ranking in writing to verify accuracy of service computation dates and performance scores. Career staff may be eligible for DoD Priority Placement or Interagency Career Transition assistance; applications must be filed before the effective RIF date. VSIP recipients who later accept another federal job within five years must repay the incentive, so weigh all offers carefully.
Mindful Moment of the Day:
Mindful Noise Management in Open Offices
When the bullpen eruptsâphones ringing, printers churning, a colleague recounting last nightâs gameâtreat the clamor as a mindfulness bell, not an aggression trigger. Pause typing, feel the vibration of each sound on your eardrums, and silently label it âhearing ⌠hearing.â This deliberate shift from aversion to observation recruits the insula, the brainâs sensory hub, and dampens the amygdalaâs fight-or-flight surge within 90 seconds. Youâll return to the FOIA spreadsheet with pulse steadied and cognition intact, while coworkers wonder how you kept composure without noise-canceling headphones.
Legal Tip of the Day:
Performance Plans Are Negotiable
When you receive a performance plan or PIP, you donât have to accept it silently. If objectives are unclear or unattainable, askâin writingâfor clarification or adjustment. Reasonable, documented pushback can later rebut claims that you âfailed to meetâ undefined standards. HR specialists respect employees who seek measurable, missionâaligned goals.
Important Announcement: New RIF Appeal Resources Now Available
Before we dive into today's briefing, we want to quickly highlight new resources we've created specifically for federal employees facing Reduction-in-Force (RIF) actions. Given the challenging situation many federal workers now face, we've developed three tailored options to help you successfully appeal your RIF before the Merit Systems Protection Board (MSPB):
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DIY Online Course (Bronze Level): Step-by-step video modules, proven templates, and strategic guidance to help you confidently file your own MSPB appeal. $199.
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DIY Course + One-on-One Strategy Sessions (Silver Level): After enrolling in the DIY course, schedule private strategy sessions ($350/hour, up to three sessions) to personalize the course materials to your specific case.
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Full Attorney Representation (Gold Level): Professional legal advocacy for high-stakes RIF cases, beginning with a confidential consultation ($350) to outline your strongest arguments and next steps. Retainers start at $5,000.
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We designed these solutions to empower youâregardless of your budget or your case's complexity. Take action today to protect your federal career and future.
In Case You Missed It:
Live Q&A â Saturday, 11 a.m. ET
Bring your toughest workplace questions to our interactive coaching call. Free three-day trial, $19/month thereafter, cancel anytime. Members receive replays, written takeaways, and mindfulness drills that translate legal theory into daily practice. Reserve your seat: https://fedlegalhelp.com/join
Deep-Dive Courses for When the Stakes Are Personal
Navigating Reasonable Accommodations: Maximize Telework
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Request accommodations confidently with step-by-step videos, professional templates, and mindfulness tools.
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Federal Employee RIF Masterclass: Protect Your Future
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Secure your career during a Reduction in Force (RIF) with clear video lessons, actionable checklists, and stress-management techniques.
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Need Personalized Advice?
A federal job moves fastâand so do the deadlines to fight discrimination, retaliation, potential discipline, or a removal. If you are interested in seeing if we can help you, one short, confidential call with Southworth PC might be able to help. The consultation is free, you speak with an attorney (not a screener), and our hybrid-retainer model caps your up-front costs until we win or settle.
We litigate before the EEOC, MSPB, and OSC nationwide, drawing on decades of inside knowledge of agency tactics. Protect your rights before the next deadline closes.
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Disclaimer:
This newsletter is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Southworth PC provides these insights to help federal employees better understand their rights and navigate workplace developments, but every situation is unique. If you are facing a specific employment issue, you should consult a qualified attorney to discuss the facts of your case. While we aim to ensure the accuracy of legal interpretations at the time of publication, changes in law or policy may affect how the information applies to your circumstances. Weâre proud to stand with federal employeesâand weâre here when it matters most.
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