The Federal Employee Briefing for June 6, 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. OPM Proposes Five-Day âSuitabilityâ Removals that Bypass Normal Title 5 Discipline
Recently OPM has issued a proposed rule that would let agencies discharge current employees within five workdays if they are found to violate the same âsuitability and fitnessâ standards used to screen new hires. Offenses range from late tax filings to misuse of government equipment; appeals would go to the Merit Systems Protection Board under a far narrower standard than Chapter 75 cases. Acting Director Chuck Ezell framed the plan as closing a loophole that lets âinsidersâ keep jobs an applicant could never get. Critics call it an attempt to short-circuit due-process rights and chill whistleblowing. Federal News Network
Legal Insight:
Because the rule is already in the Federal Register, agencies may start flagging cases while the 30-day comment window runs. Employees who receive a âsuitability referralâ should respond in writing and immediately consult counselâMSPB review would focus on whether the referral meets OPMâs criteria, not on broader fairness issues. Probationary employees would lose virtually all appeal avenues; tenured staff would keep limited MSPB review but no interim pay. Unions can demand bargaining over procedures and appropriate arrangements under 5 U.S.C. § 7106(b)(2)-(3). Submitting concise, evidence-backed comments before the deadline can still shape the final rule. Federal employees should be especially cautious about issues like late tax filings, misuse of government equipment or cards, falsifying documents, or undisclosed debts or arrestsâany of which could now trigger a five-day âsuitabilityâ removal under OPMâs proposed rule.
2. Audit of DOGE Code at Social Security
Democratic Senators Whitehouse, Warren, and Wyden have moved to force an independent, line-by-line review of every software module DOGE implanted in SSAâs networks through the Protecting Seniors Data Act of 2025. The bill gives the agency twelve months to seal any backdoors and certify that no citizen or employee data were exposed. Hill staff warn that, if serious flaws surface, next yearâs appropriations could be conditioned on rapid fixes and tighter cyber-hygiene metrics. Who knows if it will pass, but it is a step in the right direction. FedScoop
Legal Insight:
SSA employees should keep contemporaneous notes if you are asked to waive a control or rush a certificationâwhistleblower shields in 5 U.S.C. § 2302(b)(8) protect you when you report a potential violation. If breach notices go out, workers whose own PII is involved may file a Privacy Act damages claim just like the public, so watch for those letters and preserve evidence of any resulting costs.
3. IRS Budget Seeks 11,000 New Phone Agents While Eliminating 20% of Workforce
IRS told Congress it needs an $852 million infusion to hire 11,000 customer-service representatives so that phone-answer rates do not collapse during the 2026 filing season. The same plan aims to cut the IRS from nearly 97,000 employees to about 78,000 employees â a staffing cut of about 20%. Former commissioners testified that gutting in-house tech talent while rewriting large sections of the tax code risks system failures and compliance shortfalls. Lawmakers in both parties have voiced skepticism but have not ruled out the request. Federal News Network
Legal Insight:
A Reduction-in-Force becomes all but inevitable if these cuts are enacted, so IT and support staff should verify that their Official Personnel Folders list correct veteransâ preference, performance ratings and service-computation datesâthe data that drive retention standing. Employees spared a RIF but given markedly different duties can request a desk audit; if downgraded they may be entitled to two-year grade retention under 5 U.S.C. § 5362.
Mindful Moment of the Day:
Breath-Count Resilience Before RIF Announcements
When an all-hands email flags âorganizational update,â your limbic system can spike before the message even loads. Pause; breathe in through the nose for a four-count, hold one beat, breathe out gently for fiveârepeat six times. The extended exhale activates the vagal brake, tamping down adrenaline and widening cognitive bandwidth so you can parse the actual memo instead of catastrophizing. Data from NIH workplace-stress studies show this 55-second pattern cuts heart-rate variability peaks by nearly 20 percent, translating to clearer judgment about whether you need to call HR, your union rep, or simply file the note and move on with your day.
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:
Today on the blog we unpack:
Federal Judge Warns State and HUD: RIF Violations May Trigger Contempt
TSA Union Contract Reinstated After Federal Court Ruling
Proposed Bill Threatens Civil Service Protections
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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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