The Federal Employee Briefing for June 10, 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. Supreme Court Asked to Keep Nationwide Freeze on Mass Federal RIFs (Trump v. AFGE)
SCOTUSblog reported that labor unions, local governments, and good-government groups urged the Supreme Court to leave in place a district-court injunction that blocks President Trumpâs February executive order directing agencies to prepare âlarge-scale reductions in forceâ across the civil service. The challengers argue that the order circumvents Congressâs power to authorize reorganizations and would eliminate critical services before the courts can rule on the merits. The solicitor general is seeking an emergency stay, warning of âinterference with internal operations,â while the Ninth Circuit has already refused to lift the injunction. The Court could act at any time, potentially determining whether hundreds of thousands of jobs remain protected during the litigation. Two amici, including conversative politicians and a progressive constitutional organization, both asked the SCOTUS to allow the injunctions to remain. SCOTUSblog
Legal Insight:
For career feds this case is a primer on how preliminary injunctions can preserve the status quo during high-stakes constitutional fights. Until the Supreme Court rules, agencies remain barred from issuing RIF notices based solely on the February order; any attempt to do so would likely violate the district-court directive and could be grievable or appealable to the MSPB. Remember that RIF procedures in 5 C.F.R. Part 351âincluding retention registers and bump-and-retreat rightsâstill apply if a downsizing is later allowed.
2. Federal Judge Halts DOGE Access to OPM Personnel Records
U.S. District Judge Denise Cote issued a preliminary injunction forbidding the Office of Personnel Management from sharing federal-worker files with Elon Muskâs Department of Government Efficiency (DOGE), after finding likely Privacy Act and cybersecurity violations. The plaintiffsâunions and current and former employeesâshowed that DOGE affiliates had obtained sensitive data âwith no legal right of access.â The court ordered the parties to propose detailed remedial terms by Thursday, even as the administration touts DOGEâs broader data-integration agenda. The ruling follows a string of DOGE victories at other agencies, underscoring the legal uncertainty around the unitâs sweeping data requests. FedScoop
Legal Insight:
The decision spotlights the strength of the Privacy Actâs âno disclosure without consent or routine useâ rule. Career HR, security-clearance, and records-management officials should verify that any data-sharing memorandum cites a valid statutory or regulatory basis and a published routine-use notice. If you are instructed to transfer files that appear outside the scope of the injunction, ask for a written directive and preserve contemporaneous notes; refusing an unlawful order can be a protected disclosure.
3. âBig, Beautiful Billâ Would Make New Hires Choose: At-Will Status or Higher Pension Deductions
The House-passed budget-reconciliation packageânicknamed the âBig, Beautiful Billââwould require future federal employees to make an irrevocable election at the end of probation: either waive civil-service protections and remain at-will (contributing 4.4 % of salary to FERS) or keep traditional due-process rights but pay 9.4 %. The bill would also codify the Administrationâs âSchedule Policy/Careerâ designation (a successor to Schedule F) for policy-influencing positions, making it harder for employees to appeal adverse actions. Unions warn the measure will create a two-tier workforce and exacerbate recruitment challenges, while the Senate has yet to schedule a vote. Federal News Network
Legal Insight:
If enacted, this scheme would fundamentally alter Title 5 job-security norms. Prospective hires should model the long-term cost of an extra 5 % pension deduction versus the risk of at-will removal without MSPB review; for many, TSP contribution strategies may need to change to offset the higher FERS rate. Agencies would need new onboarding forms reflecting an âelection of status,â raising questions about whether an employee can later claim the choice was uninformed or coerced (look for future OPM guidance on waiver validity). Current employees arenât directly affected, but watch for collateral impacts: reductions in competitive-service positions could shrink promotion pools and priority-placement opportunities. Lastly, remember that constitutional due-process arguments (e.g., property interest in continued employment) are weaker for at-will staffâmaking pre-decisional engagement with agency counsel and unions even more critical.
Mindful Moment of the Day:
Inbox Sunset Ritual
Five minutes before sign-off, scan todayâs sent folder and mentally label each thread: âResolved,â âWaiting,â or âTomorrow.â Thenâeyes softly loweredâinhale for four, exhale for six while visualizing those labels sliding into their own boxes on a shelf. Neurologists call this âpsychological closing of open loops,â which shrinks the default-mode network activity that causes after-hours rumination. The ritual turns Outlook from stress trigger to closure signal, so your off-duty brain can file memories instead of reheating them at 2 a.m. Your family, your REM sleep, and tomorrowâs clarity will all say thanks.
Legal Tip of the Day:
Watch the 30âDay MSPB Appeal Window
If you receive a final adverse actionâremoval, suspension of 15 days or more, or demotionâyou typically have 30 calendar days to file an MSPB appeal. The clock starts on the effective date of the action, not when the proposal was issued. Late filings are dismissed absent very narrow âgood causeâ exceptions. Set reminders the moment a decision letter lands.
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:
Today on the blog we unpack:
Supreme Court Fast-Tracks DOGE Access to Social Security Data
New 5-Day Suitability Rule Could Fast-Track Federal Removals
Supreme Court Deadlines May Decide Your Federal Job Security
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Navigating Reasonable Accommodations: Maximize Telework
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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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