The Federal Employee Briefing for March 5, 2025
Hello and welcome to our latest Federal Employee Briefing! We have built a thriving online community of more than 100,000 followers across TikTok, Instagram, YouTube, Facebook, and LinkedIn to share timely legal insights. In this issue, you’ll find authoritative updates, practical tips, and genuine care for the unique challenges federal employees face. Follow us, stay informed, and help us make a real difference for the federal workforce!
Top Three News Stories:
1. Government Watchdog Seeks Reinstatement of Thousands of Federal Workers
The Office of Special Counsel has requested the reinstatement of over 5,000 probationary employees at the U.S. Department of Agriculture, challenging President Trump's efforts to downsize the federal workforce. The request seeks to return these employees to their positions for 45 days while an investigation continues, as the layoffs were deemed inconsistent with federal personnel laws. Additionally, a federal judge ruled that President Trump lacked the authority to remove Cathy Harris from the Merit Systems Protection Board without cause. The Merit Systems Protection Board, which safeguards federal employees from political retaliation, is experiencing a surge in appeals due to recent executive orders, emphasizing the need for impartiality. ​AP News
Legal Insight:
This development underscores the legal protections afforded to federal employees, even those in probationary periods. Agencies must adhere to established procedures when implementing workforce reductions to avoid unlawful terminations. Failure to comply with federal personnel laws can result in mandatory reinstatements and potential legal liabilities.
(From Shaun): As a point of personal privilege, I want to thank Hampton Dellinger, at the OSC, who is also fighting for his own job. He is doing the right thing. This is what true lawyers do. This is the sort of example that inspires other lawyers and public servants to do the right thing. I have never met Hampton, but, while attending law school at Duke, I encountered his father, Walter Dellinger, III, who was also a renowned constitutional lawyer, scholar, valued public servant, and force for good. The Dellinger name means a lot in legal circles. We thank you Hampton!
2. People Highlight Veteran Layoffs During President Trump's Congressional Address
During President Trump's recent speech to Congress, Democrats brought former federal employees, particularly veterans, who were recently laid off, as guests to highlight the negative impact of the administration's large-scale federal workforce cuts. Nearly 6,000 veterans have been dismissed due to cost-cutting measures implemented by Elon Musk's Department of Government Efficiency. Democratic Senators, including Mark Kelly and Chuck Schumer, hosted disabled veterans who were recently fired, aiming to directly confront the president, who often boasts his support for veterans but has received criticism for his comments and recent actions affecting them. ​politico.com
Legal Insight:
The termination of veterans, particularly those with disabilities, raises significant legal and ethical concerns. Federal laws, such as the Uniformed Services Employment and Reemployment Rights Act (USERRA) and the Rehabilitation Act, provide protections against discrimination and mandate reasonable accommodations. Agencies must ensure that workforce reductions do not disproportionately affect protected groups or violate these legal safeguards.
3. "Clarification" on Authority Over Probationary Federal Employee Terminations
The Office of Personnel Management (OPM) has revised its memo regarding the termination of probationary federal employees, clarifying that individual agencies, not the OPM, are responsible for such actions. This revision follows a ruling by U.S. District Judge William Alsup, declaring that OPM does not possess the authority to fire employees from other agencies. The original memo had directed agencies to send lists of probationary employees to OPM and the White House's Department of Government Efficiency, but the revised memo removes this directive and focuses on probationary periods as tools to ensure employees are assets to the government. ​Business Insider
Legal Insight:
This clarification reinforces the decentralized nature of personnel management within the federal government. Individual agencies bear the responsibility for employment actions concerning their staff, including probationary employees. It is crucial for agencies to follow proper procedures and respect jurisdictional boundaries to prevent unlawful terminations and potential legal challenges.
Mindful Moment of the Day:
The "No-Complaint Challenge"
Want an instant mindset shift? Try going one full hour without complaining—internally or out loud. Every time you catch yourself about to vent, reframe it: “This is an opportunity to practice patience” or “This challenge will pass.” Complaints keep you stuck in frustration, but intentional reframing builds resilience. Try it and see how your energy shifts.
Legal Tip of the Day:
Keep Your Performance Reviews and Records Up to Date
Strong performance evaluations and documented achievements can serve as critical evidence in case of disputes about your work quality. If you disagree with a performance review, address it professionally and seek clarification or corrections when necessary. Keeping detailed records of your accomplishments and positive feedback can help protect your career.
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Social Media Recap:
Hey Federal Employees. We just posted our latest insights for federal employees—originally shared on social media—now conveniently available on our blog. We cover timely updates and practical tips to help you navigate employment challenges. Here are our latest posts for your convenience:
Federal Probationary Terminations: What We Know About Class Actions and Individual Challenges
Protecting Your Federal Career Amid Office Chaos
Breaking OPM Update: New Guidance on Probationary Federal Employees' Rights
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Your support helps build a stronger, more informed federal workforce. Thanks for spreading the word! đź’™
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