The Federal Employee Briefing for June 18, 2025
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. OPM Memo Pushes Tougher Performance Ratings and Faster Removals
On June 17, OPM released a government-wide memo telling agencies to “ensure a disproportionate number of employees do not receive the highest rating” and to update policies so poor performers can be “swiftly removed, reduced in grade, or reassigned.” The guidance expands earlier SES reforms to nearly the entire civil service and sets an implementation deadline of October 1, 2026. Agencies must file a progress report with OPM by July 31 and are encouraged to shorten performance-improvement periods. Federal News Network
Legal Insight:
Federal appraisal law requires ratings to reflect actual performance, and OPM’s own rule at 5 C.F.R. 430.208(c) forbids a forced distribution, so any agency that adopts “forced distribution” risks reversal at the Merit Systems Protection Board. Before changing appraisal or discipline procedures, many times management must bargain over impact and implementation with unions under 5 U.S.C. § 7106(b)(2)–(3). Performance-based removals still require 30-day advance notice and an opportunity to improve; probationers have fewer rights, but removals may still be challenged on whistle-blower or discrimination grounds. Supervisors should document standards carefully—defensible ratings are now more important than ever.
2. Deep Staffing Cuts Leave Climate-and-Energy Agencies “Set Up for Failure”
A Politico investigation published June 17 quotes employees at EPA, DOE, FEMA, NOAA and Interior who say DOGE-driven buyouts and firing freezes have halted research, travel and even disaster-planning drills. EPA has lost eight percent of its workforce, DOE more than 3,500 staff, and NOAA over 1,000 employees; routine purchases now require high-level sign-off, and scientists cannot publish studies needed to defend rulemakings. The White House insists core missions are intact, blaming injunctions for delays. Politico
Legal Insight:
Agencies that accept appropriated funds for statutory programs must execute those programs or seek a reprogramming OK from Congress; prolonged inability to spend money because positions are unfilled can trigger Antideficiency Act exposure. Employees facing mission shutdowns may file whistle-blower disclosures if public health or safety is at risk. If travel and procurement freezes impede grants or contracts, affected parties could sue under the Administrative Procedure Act, and career officials should retain emails showing who imposed the freeze and why. Expect GAO and inspectors general to audit whether DOGE cutbacks violate “purpose” or “time” limits in appropriations law.
3. CDC Reverses Course, Reinstates One-Third of Employees Fired in April RIF
At an all-hands meeting yesterday, CDC leaders told staff the agency has rehired about 800 of the 2,400 employees it laid off on April 1 and lifted a communications freeze that had hampered external collaboration. The Centers for Disease Control and Prevention is the latest HHS component to walk back terminations; NIH and the department’s acquisition office have already reinstated hundreds. HHS shed roughly 25 percent of its workforce in April through RIFs, early-outs and deferred resignations. Federal News Network
Legal Insight:
Employees who are recalled may be entitled to full back pay, service credit and restored leave under 5 U.S.C. § 5596; the agency may not reset your probationary clock or lower your grade without consent. Each returning employee should receive an SF-50 canceling the separation and a second SF-50 showing the reinstatement; discrepancies can be grieved or appealed to MSPB. Those still separated should note that CDC’s reversal arguably weakens the government’s claim of “irreparable harm” in Supreme Court stay proceedings on the nationwide RIF injunction. Keep every notice, email and pay stub—documentation will determine who qualifies for make-whole relief when litigation ends.
Mindful Moment of the Day:
Self-Compassion After Performance Reviews
Even a solid “Meets Expectations” can sting when you’ve poured twelve-hour days into case prep. The moment the discussion ends, place a hand over your sternum, breathe in to the phrase “data,” breathe out to “growth,” repeating for four cycles. Psychologist Kristin Neff’s research shows this somatic self-kindness lowers cortisol and restores executive-function speed within minutes—crucial when you must draft rebuttals or set new KPIs the same afternoon. By framing feedback as information, not indictment, you sidestep rumination, preserve professional relationships, and pivot faster toward the improvements that will headline next year’s appraisal.
Legal Tip of the Day:
Responding to a Proposed Suspension
A proposal notice offers two key rights: an oral reply and a written reply. Use both; each gives a separate opportunity to present mitigating facts or highlight procedural flaws. Bring documentary evidence and, if permitted, a representative. A strong reply often results in a reduced penalty or complete withdrawal.
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:
Can VA Doctors Refuse Treatment Based on Politics or Marital Status?
Federal Judge Slams NIH Cuts to DEI Research as Discriminatory
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.
👉 Buy Now
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.
👉 Enroll Today
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
|
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.
Responses