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The Federal Employee Briefing for June 12, 2025

Jun 12, 2025
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Brought to you by Southworth PC—Attorneys 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 day’s 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 to Decide RIF Issues Likely

A June 11 Vox analysis explains that Trump v. AFGE—now on the Court’s emergency “shadow docket”—will determine whether President Trump’s February order directing sweeping reductions-in-force across dozens of agencies can move forward. A lower-court judge froze the order in May, finding it would cripple programs ranging from mine-safety research to Social Security call centers. The Solicitor General asked the justices to lift the freeze, arguing existing civil-service statutes already authorize the cuts; unions counter that the Constitution bars the president from dismantling the civil service without Congress. A decision could arrive within days, affecting hundreds of thousands of federal positions. 

Vox

Legal Insight:

Until the Court rules, the nationwide injunction stands: agencies may not issue RIF notices based solely on the February order, and any that appear can be challenged at the MSPB as procedurally invalid. If the stay is lifted, managers must still follow 5 C.F.R. Part 351 (generally retention registers, 60-day notice, bump-and-retreat rights). Document every directive you receive—contemporaneous notes are critical evidence if litigation later proves the cuts unlawful and employees seek back pay under 5 U.S.C. § 5596. Remember that refusing to carry out an illegal order is protected whistle-blower activity under the Whistleblower Protection Act.

2. President Trump Says He Intends To Wind Down Much of FEMA

The president announced plans to phase out the Federal Emergency Management Agency and shift disaster response to the states, The Daily Beast reports. Homeland Security Secretary Kristi Noem called FEMA “obsolete,” while career officials warn the agency has already lost 30 % of its staff after DOGE-driven buyouts. The move comes despite forecasters predicting an unusually intense hurricane season, and critics argue states lack the infrastructure FEMA provides. Funding would instead flow “directly from the president’s office,” giving the White House unprecedented control over disaster aid. The Daily Beast

Legal Insight:

FEMA employees should watch two statutes. (1) Under 42 U.S.C. § 5196, only Congress can abolish or materially alter FEMA’s statutory missions; absent new legislation, a unilateral wind-down could violate the Anti-Deficiency Act if funds are withheld from congressionally mandated programs. (2) Career staff enjoy “whistle-blower first-responder” protections (6 U.S.C. § 1135); reporting any gaps that endanger life or property is shielded activity. 


3. Employee Groups Challenge Merit Hiring Plan

Public Employees for Environmental Responsibility filed a complaint with the Office of Special Counsel challenging a new OPM-mandated essay that requires most applicants (GS-5 and above) to describe their “favorite Trump executive order” and how they would advance it. Advocates say the 200-character prompt is a political litmus test that violates merit-system principles and discriminates against apolitical candidates. Several job postings, including for the Mount Rushmore superintendent, now include the question, raising alarms across professional associations. Peer.org


Legal Insight:

Title 5 bars the consideration of partisan loyalty in hiring (5 U.S.C. § 2302(b)(1) & (b)(12)). Applicants asked to answer the question should save screenshots; if rejected, they may file a prohibited-personnel-practice complaint with OSC within 60 days. Selecting officials who rely on the answer risk personal liability for political-coercion violations, and unions can grieve the practice as an unfair labor practice under 5 U.S.C. § 7116. Until OSC issues guidance, hiring managers should consider omitting the prompt or clearly state that political views will not be scored—doing otherwise invites litigation and potential stay-in-place orders that could halt entire certificates of eligibility.

Mindful Moment of the Day: 

Gratitude Log for Mission Impact 

Start each morning by writing a single sentence that names one concrete way yesterday’s task—approving a grant, rebutting a removal proposal, answering a taxpayer call—advanced the public good. Positive-psychology research inside the VA shows that linking gratitude to a specific mission outcome spikes dopaminergic motivation for up to eight hours, far outpacing generic affirmations. The practice trains your prefrontal cortex to see forms and protocols not as drudgery but as evidence of service, gradually rewiring the brain’s negativity bias. Over a quarter, employees who keep this micro-journal report higher FEVS engagement scores and fewer Sunday-night dread emails. 

Legal Tip of the Day: 

Understanding Fitness‑for‑Duty Exams  

An agency may order a fitness‑for‑duty exam only when it has a reasonable belief, based on objective evidence, that a medical condition impairs your job performance or safety. You have the right to see the medical basis for the referral and to provide your own physician’s input. Exams must be limited in scope to job‑related functions. Overbroad inquiries can violate privacy statutes and be grist for a grievance or EEO claim.

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):

  • 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.
    👉 Reserve Your Spot (No Payment Required Today)

  • 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.

  • 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.
    👉 Schedule Your RIF Strategy Consult

We designed these solutions to empower you—regardless 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:

 

Live Q&A — 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
$199 USD
Request accommodations confidently with step-by-step videos, professional templates, and mindfulness tools.
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Federal Employee RIF Masterclass: Protect Your Future
$199 USD
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 fast—and 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.

👉 Schedule Your Free Consultation Today

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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. We’re proud to stand with federal employees—and we’re here when it matters most.

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The Federal Employee Briefing: Your Trusted Guide in Uncertain Times

Stay informed, stay prepared. The Federal Employee Briefing delivers the latest on workforce policies, legal battles, RTO mandates, and union updates—helping federal employees navigate rapid changes. With job security, telework, and agency shifts in flux, we provide clear, concise insights so you can protect your career and rights. Get expert analysis on what’s happening, why it matters, and what you can do next—delivered straight to your inbox.
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