The Federal Employee Briefing for October 7, 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. House Democrats Launch Probe Into Government-Shutdown Layoff Plans
Twenty House Oversight Democrats sent letters to 24 CFO-Act agencies demanding documents about any plans to conduct reductions in force (RIFs) during the current shutdown. The letters argue that RIFs during a lapse would violate the Antideficiency Act by obligating future severance payments without appropriations and note OPM’s RIF regulations require 60 days’ written notice. Lawmakers also flagged OMB direction to prepare shutdown-contingent RIFs and questioned whether agencies are complying with statutory and regulatory employee protections. Federal News Network
Legal Insight:
A shutdown does not create special authority to bypass RIF procedures; agencies still must follow 5 C.F.R. part 351 (notice, retention registers, bump/retreat, etc.). Keep copies of any communications about prospective RIFs and request written designation of status and funding authority. If you receive a RIF notice issued during the lapse, calendar the appeal/response timelines and speak with your union or an attorney promptly; there may be Antideficiency Act and procedural defenses. When in doubt, seek counsel before signing separation agreements or waivers.
2. Union Lawsuit: Education Department “Co-Opted the Voices” of Employees in Shutdown Blame Game
AFGE filed suit alleging the Education Department changed furloughed workers’ out-of-office replies to insert partisan language blaming Senate Democrats for the shutdown. The complaint argues this compelled political speech violates employees’ First Amendment rights and runs counter to non-partisan civil service norms. The filing cites reports of coordinated partisan messaging across multiple agencies. Government Executive
Legal Insight:
If an agency alters your communications to include political content, preserve screenshots and headers and report it in writing to your DAEO/ethics office. Do not replicate or amplify partisan language from official systems unless given a lawful directive vetted by ethics; ask for the legal basis in writing. Potential claims may involve the Hatch Act, compelled-speech principles, and misuse of government resources—consult counsel before taking public action to avoid retaliation risks. Union representation can help coordinate OSC or court relief.
3. Bisignano to Lead IRS in Addition to SSA Duties, Raising Questions About Senate Confirmation
Treasury Secretary Scott Bessent named Social Security Commissioner Frank Bisignano to a newly created CEO role at the IRS, overseeing day-to-day operations while he remains SSA chief. Analysts and advocates questioned whether the move skirts Senate confirmation and warned about privacy and governance risks if SSA and IRS data sharing expands. Treasury framed the dual-hat role as a way to drive “efficiency” and customer service. Nextgov
Legal Insight:
Leadership appointments can shift policy quickly, but changes to your working conditions (e.g., performance metrics, telework, or data-handling rules) typically require written policy, bargaining where applicable, or notice under labor statutes. Until you receive official instructions, continue following existing policies and training on taxpayer/beneficiary data. If directives appear to conflict with the Privacy Act, IRC §6103, or agency policy, request clarification in writing and escalate to privacy counsel or your union before proceeding.
Mindful Moment of the Day:
Badge-In Morning Intention
As you swipe in or log on remotely, inhale to “serve,” exhale to “steady.” This micro-intention sets the day’s tone before tasks flood in. It reminds you that the purpose behind your work is bigger than the day’s stressors. Over time, it strengthens resilience against shifting agency climates.
Legal Tip of the Day:
Protecting FEHB During Separations
To carry Federal Employees Health Benefits (FEHB) into retirement, you generally need five years of continuous enrollment and to retire on an immediate annuity. If a RIF or removal looms, explore options such as voluntary retirement, disability retirement, or FEHB Temporary Continuation of Coverage. Election windows are short—typically 31 days—so research before a separation notice arrives. A lapse in FEHB can be costly and difficult to reverse.
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.
👉 Enroll Here -
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.
👉 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:
Partisan Out-of-Office Messages: Coerced Speech or Government Control?
Shutdown Update: What’s Really Happening — and When It Could End
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
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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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