Header Logo
LOG IN
Store My Library Blog About Firm Join
← Back to all posts

The Federal Employee Briefing for May 22, 2025

May 22, 2025
Connect

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. Senate Report Warns Trump’s Inspector-General Purge is Chilling Oversight

A new report from the Senate Homeland Security and Governmental Affairs Committee, released May 21, gathers sworn but anonymous statements from career staff in more than a dozen Offices of Inspector General. These employees describe a climate of intimidation since President Trump dismissed 19 IGs, citing budget and “alignment” concerns, and replaced them with Department of Government Efficiency appointees. Staff recount delayed or abandoned audits, shrinking head counts of up to 30 percent, and reluctance to flag waste for fear of reprisals. Committee Democrats say the firings jeopardize $175 billion in potential savings the ousted watchdogs had identified. Government Executive

Legal Insight:

Under the Inspector General Act, only the President can remove an IG, but must give 30 days’ notice with reasons to Congress; firing 19 in one stroke arguably violates the statute’s good-cause expectation and invites a separation-of-powers challenge. Career auditors retain Whistleblower Protection Act rights and may file OSC complaints if pressured to soften findings. The report’s documentation of chilled speech strengthens any future claim that mass IG terminations constitute a “prohibited personnel practice” under 5 U.S.C. § 2302(b)(8).

2. Two Federal Judges Hand Unions Fresh Ammunition Against Trump’s Anti-Bargaining Order  

On May 21, U.S. District Judge Danny Reeves dismissed Treasury’s suit against the National Treasury Employees Union in Kentucky, ruling the government lacked standing to seek a pre-emptive blessing for March’s “national-security” order that strips collective-bargaining rights from most of the civil service. Hours later, Judge Paul Friedman in Washington asked the parties to propose a narrower injunction targeting agencies already ignoring existing contracts, signaling he may revive part of the union case despite an appellate stay. Together the rulings undermine the administration’s strategy of forum-shopping for declaratory judgments while quietly canceling dues and grievance procedures. Government Executive

Legal Insight:

Reeves’s opinion reiterates the position that Article III courts cannot adjudicate hypothetical future CBA disputes, forcing agencies to wait until they actually repudiate a contract—actions unions can challenge at FLRA or MSPB. Friedman’s order suggests the D.C. court will focus on concrete unilateral changes, a posture that could produce tailored injunctions surviving appellate review. For practitioners, this means documenting every instance of contract non-compliance; a single agency misstep could reopen nationwide relief. Agencies should also remember that even if the executive order ultimately stands, federal law still protects union representation during formal discussions, so managers risk unfair-labor-practice findings if they cut unions out too soon.

3. Probationary Employees See Wildly Different Outcomes as Agencies React to RIF Injunctions 

Federal News Network reports that after courts forced agencies to notify tens of thousands of probationary employees that their February firings were mass terminations—not performance based—the follow-up has diverged sharply. HUD re-fired roughly 300 probationers effective immediately, denying back pay, while IRS ordered many of its 7,000 affected workers to return on three-days’ notice to full-time, in-person duty. Other agencies remain in limbo, with Health and Human Services facing a Thursday deadline to prove it even sent the required notices. The disparate treatment underscores the logistical and legal chaos still unfolding three months after the government-wide purge. Federal News Network

Legal Insight:  

Agencies that re-fire employees without new misconduct or performance grounds risk violating 5 C.F.R. § 315.804’s “certification” requirement and could trigger Back Pay Act liability if the mass-termination injunction is upheld. Returning employees to pay status, as IRS did, arguably mitigates damages but raises questions about retroactive benefits and locality pay. Probationers should file “constructive adverse action” claims with MSPB within 30 days of any second dismissal, even though their usual appeal rights are limited, because the ongoing litigation may establish that the firings were de facto RIFs subject to chapter 35 procedures. We are ready to assist probationers with timely claims and they should feel free to contact us for a free consultation on whether we think we could help them. 

Mindful Moment of the Day: 

Breath Buffer for Clear Communication

Before any consequential email, meeting, or Teams chat, let three intentional breaths form a quiet moat around your next action. On the inhale, feel the physical contact points—chair, floor, keyboard—so the body, not the mind, sets the pace. On the exhale, allow the shoulders to drop and the jaw to soften; this signals the nervous system that it is safe to think instead of react. A final breath lengthens the timeline just enough for your intention to crystallize into language that serves both mission and morale. Veterans of this micro-ritual report fewer misunderstandings and a notable lightness in end-of-day debriefs.  

Legal Tip of the Day:

Know Your Position Description

Your official position description is the blueprint against which performance and discipline are measured. Read it line by line at least once a year, highlight any duty that no longer matches reality, and ask—politely but in writing—for an updated version when roles shift. Clarity here guards against surprise “failure to perform” allegations and strengthens your case if you ever need to challenge workload expansion without commensurate grade or pay. 

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:

When FEMA Is Gutted, Everyone Feels the Storm

When “Doing More with Less” Becomes a Dangerous Illusion

How Defunding DEI Threatens America’s Scientific Future

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

SouthworthPC Client Testimonial

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

Join the conversation
t("newsletters.loading")
Loading...
The Federal Employee Briefing for November 5, 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. I...
The Federal Employee Briefing for November 4, 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. I...
The Federal Employee Briefing for November 3, 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. I...

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.
© 2025 SOUTHWORTH PC. ALL RIGHTS RESERVED. LEGAL INFORMATION ONLY. NO LEGAL ADVICE PROVIDED.

Get Your Gift

Enter your details below to get your gift.