The Federal Employee Briefing for September 9, 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 Finalizes âRule of Many,â Retiring the 150-Year-Old âRule of Threeâ
OPM issued a final rule replacing the ârule of threeâ with the ârule of many,â letting hiring managers rank candidates by job-related skills and pick from a broader slate. The rule implements a 2019 NDAA provision, pairs with skills-based assessments/shared certificates, and aims to speed hiring. It is effective Nov. 7, 2025, with full agency compliance due by Mar. 9, 2026, per the Federal Register notice. Expect updated DEU guidance and training as agencies shift their examining processes. Government Executive
Legal Insight:
This is a final rule, so agencies must implement it on the dates OPM set. If youâre hiring, ask HR for the written plan that covers scoring, documentation, and the three-considerations rule under the new system; keep copies in your case file. If youâre applying, save vacancy announcements and any score/notice you receive; those records matter for merit-promotion or veteransâ preference questions. Selecting officials should write down the job-related reasons for selection and non-selection; clear rationale is your best defense in audits and complaints. If you think your rating misapplied the criteria, request your examining record in writing and note the time limits to challenge.
2. Appeals Court Tosses Statesâ Challenge to Mass Probationary Firings
In a 2â1 decision, the Fourth Circuit vacated the district courtâs rehiring order and directed dismissal of a multistate lawsuit attacking mass terminations of probationary federal employees, holding the states lacked standing. The majority said workforce management is a federal function and any direct harm was to the employees, not the states. The opinion leaves other challenges (including individual cases) as the live path for relief. The panel acknowledged human costs but said standing rules controlled the outcome. Federal News Network
Legal Insight:
This ruling does not decide whether specific firings were lawful; it only says states canât bring the case. If you were removed during probation, your window to act is shortâsave the proposal/decision letters and file promptly through the correct channel (MSPB, OSC, EEO, or negotiated grievance, as applicable). Look for errors in notice timing, documents, and reason codes; even probationers have limited rights and agencies must follow their own rules. Veterans and those alleging pre-appointment conditions or prohibited practices may have added protectionsâask your union or counsel fast. Keep every email and SF-50; timelines and paperwork win cases.
3. Democrats Warn: $410B in Frozen or Canceled Funds Could Lapse at FY End
Senate and House Appropriations Democrats said at least $410B in funding has been frozen or canceled and some of it may expire Sept. 30 without action, citing disaster aid, NIH research, and NOAA projects among examples. They released an updated tracker and pressed OMB to release funds; OMB called the tracker âfakeâ and disputed the claims. The warning lands as Congress weighs a short-term CR to avoid a shutdown. Agencies are assessing what program dollars must be obligated before the new fiscal year. Government Executive
Legal Insight:
If you manage funds, get your obligation deadlines in writing and follow your apportionment/footnotes; expiring money can change travel, contracts, and hiring overnight. Keep copies of allotment memos, obligation logs, and any OMB or CFO guidanceâthose documents protect you in audits or Anti-Deficiency Act reviews. Supervisors should avoid informal promises about FY-end payouts or awards until finance confirms availability. If a shutdown looks likely, confirm your status (excepted/non-excepted) and save your written tasking; that drives pay/back-pay and telework rules. When in doubt, ask budget/legal for the statutory authority before committing funds.
Mindful Moment of the Day:
90-Second Reset
Before diving into your first email of the day, try a 90-second reset. Sit upright in your chair, let your shoulders soften, and take slow, intentional breaths. Focus on the cool air as it enters your nose, and the warmth as it exits. This short pause isnât just about calmâit engages your parasympathetic nervous system, reducing cortisol and improving focus. It's a small act with big returns, preparing your mind for a more thoughtful, centered workday.
Legal Tip of the Day:
Do not Sign a Settlement Agreement Without Knowing What Youâre Giving Up
Whether itâs resolving an EEO complaint, MSPB appeal, or a workplace dispute, settlement agreements are binding contracts. Once you sign, you may be waiving critical rightsâfuture claims, reinstatement, even eligibility for rehire. Some settlements may also impact your taxes, security clearance, or retirement benefits. Take time to understand what each clause means. Itâs not just about getting to âyesââitâs about getting to the right yes for your future.
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:
Department of War Rebrand: What It Means for Federal Employees
The Risk of Ending Progressive Discipline in Federal Employment
OPMâs Plan to End Progressive Discipline
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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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