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Federal Worker Rights

@fedworkerrights.bsky.social
2.4K followers 48 following 244 posts

Providing information to federal employees regarding their legal rights. Posts by attorneys at James & Hoffman, a law firm representing employees and unions (www.jamhoff.com). More information at www.federalworkerrights.com.

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Federal Worker Rights @fedworkerrights.bsky.social · 08/07/2026
Terminated probationary employees have filed their opening brief at the Federal Circuit Court of Appeals, arguing that the MSPB was wrong to conclude that the mass terminations were not a RIF: storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com
#27 in DHS Probationary Employees 1 Class v. DHS (Fed. Cir., 26-1315) – CourtListener.com
OPENING BRIEF FILED by Petitioners DHS Probationary Employees 1 Class, Robert Horton, Interior Probationary Employees Class, Lilia Irizarry, Allison Keating, Matthew McAnulty, Samuel Peterson and Jeff...
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Federal Worker Rights @fedworkerrights.bsky.social · 30/06/2026
Thanks for letting us know — please send an email about this to dmrosenthal@jamhoff.com.
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Federal Worker Rights @fedworkerrights.bsky.social · 28/05/2026
James & Hoffman is proud to pursue this case with Democracy Forward on behalf of Dr. Lane
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Federal Worker Rights @fedworkerrights.bsky.social · 16/03/2026
We've posted an update on MSPB litigation challenging the probationary employee terminations, RIFs, and more: federalworkerrights.com/2026/03/16/m...
federalworkerrights.com
MSPB update: probationary employee terminations, RIFs, and more
This post summarizes the current state of litigation at the MSPB in several important areas. (Given the large volume of appeals and the fact that MSPB dockets are not public, we can’t provide…
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Federal Worker Rights @fedworkerrights.bsky.social · 10/02/2026
In addition, there may be good arguments to vacate the rule or, if it takes effect, to bring certain RIF claims directly in court.
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Federal Worker Rights @fedworkerrights.bsky.social · 10/02/2026
Congress could equally establish a right to appeal a RIF to the MSPB or to ensure judicial review of RIF appeals.
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Federal Worker Rights @fedworkerrights.bsky.social · 10/02/2026
By contrast, the right to appeal a conduct or performance termination (for those employees who have it) is established by statute. So it cannot be revoked by regulation.
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Federal Worker Rights @fedworkerrights.bsky.social · 10/02/2026
For most employees, the right to appeal a RIF to the MSPB was created by OPM regulations, not by a law passed by Congress. This is why the admin can try using a regulation to take away the appeal right.
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Federal Worker Rights @fedworkerrights.bsky.social · 10/02/2026
The Trump administration has issued a proposed rule that would eliminate the right to appeal a RIF separation to the MSPB. Under the rule, OPM would decide RIF appeals, and its decision would be final, not subject to review by a court. www.federalregister.gov/documents/20...
federalregister.gov
Reduction in Force Appeals
The Office of Personnel Management (OPM) is issuing a proposed rule to revise its regulations governing appeals of reduction-in-force (RIF) actions. OPM proposes to transfer appeal rights for employee...
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Nick Bednar @nicholasbednar.bsky.social · 05/02/2026
OPM releases the text of the final rule for Schedule Policy/Career. public-inspection.federalregister.gov/2026-02375.pdf
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Federal Worker Rights @fedworkerrights.bsky.social · 05/02/2026
OPM has issued its final rule establishing "Schedule Policy/Career": public-inspection.federalregister.gov/2026-02375.pdf
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Federal Worker Rights @fedworkerrights.bsky.social · 29/12/2025
New blog post summarizing this year's litigation over the federal workforce, highlighting some key victories for federal workers in the face of unprecedented attacks: federalworkerrights.com/2025/12/29/w...
federalworkerrights.com
Wins, Losses, and the Future of Federal Worker Lawsuits
Litigation saved the jobs of approximately 17,000 probationary employees, prevented the closure of some agencies, and revealed weaknesses in the “channeling doctrine.” But most of the k…
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Federal Worker Rights @fedworkerrights.bsky.social · 18/12/2025
We provide the best data we've found on the total reduction as well as the effect on particular agencies.
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Federal Worker Rights @fedworkerrights.bsky.social · 18/12/2025
The administration shrank the federal workforce by nearly 11% this year--the equivalent of eliminating the entire Department of Justice, twice.
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Federal Worker Rights @fedworkerrights.bsky.social · 18/12/2025
New post in a planned series looking back at this year's war over the federal workforce: federalworkerrights.com/2025/12/18/d...
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Fired but Fighting (National Public Health Coalition) @firedbutfighting.bsky.social · 13/12/2025
It sucks we had to do this. We have built some amazing networks like this one and our other #altgov colleagues. We are stronger together. We are coordinating to protect the constitution and all Americans.
theconversation.com
A hard year for federal workers offers a real-time lesson in resilience
During a year of extraordinary uncertainty, workers built resilient networks within and across boundaries and distance. An anthropologist explains how these clusters and long-distance ties help people...
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AFL-CIO @aflcio.org · 11/12/2025
BREAKING: Democrats and Republicans in Congress just voted to pass the Protect America’s Workforce Act to restore federal workers’ union rights – the first time the House has voted to overturn a Trump executive order in this term. bit.ly/4oNyBQc
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Federal Worker Rights @fedworkerrights.bsky.social · 08/12/2025
MSPB judges have now certified class actions in four cases challenging the mass termination of probationary employees (and certified a settlement class in a fifth). Latest update here: federalworkerrights.com/2025/12/05/m...
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Federal Worker Rights @fedworkerrights.bsky.social · 04/12/2025
James & Hoffman is proud to represent former EPA employees who were fired for signing a letter in their personal time that criticized government policy--a violation of their free speech rights under the First Amendment.
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Starbucks Workers United @sbworkersunited.org · 23/11/2025
Starbucks workers are still out on ULP strike! Support us: DON'T BUY STARBUCKS anywhere until the strike is resolved!! We’re fighting for fair union contracts with better pay, better hours, and an end to union-busting - learn more at the link in our bio! #tobeapartner
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Bobby Kogan @bbkogan.bsky.social · 10/11/2025
The RIFs language is actually great. Not only does it rehire the people RIFed during the shutdown, it makes it an unequivocal Antideficiency Act violation to do ANY MORE RIFs through the duration of the CR (Jan 30) Completely stops Trump/Vought Phase 2 for now Would love to see this standardized
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SEC. 120. (a) PROHIBITION.—Notwithstanding sec-

13 tion 106(1), during the period between the date of enact-

14 ment of this Aet and the date specified in section 106(3)

15 of this Act, no federal funds may be used to initiate, carry

16 out, implement, or otherwise notice a reduction in force

17 to reduce the number of employees within any department,

18 ageney, or office of the Federal Government.
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Don Moynihan @donmoyn.bsky.social · 15/10/2025
Federal Judge blocks shutdown layoffs. DOJ lawyer refuses to defend cuts, merely argues jurisdiction. Judge: “This hatchet is falling on the heads of employees all across the nation, and you're not even prepared to address whether that's legal?” donmoynihan.substack.com/p/the-shutdo...
UPDATE: A federal Judge has imposed a temporary block on RIFs during the shutdown, saying the Trump administration has:

taken advantage of the lapse in government spending, in government functioning, to to assume that that all bets are off, that the laws don’t apply to them anymore and that they can impose the structures that they like on a government situation that they don’t like. And I believe that the plaintiffs will demonstrate ultimately that what’s being done here is both illegal and is in excess of authority.
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Federal Worker Rights @fedworkerrights.bsky.social · 13/10/2025
When the Government was sued for making late wage payments to employees working during prior shutdowns, it defended the suits by arguing that "government officials would have been subject to... possible criminal penalties" if they made wage payments.
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Federal Worker Rights @fedworkerrights.bsky.social · 11/10/2025
RIF = reduction in force. Also known as a layoff RIFed = terminated in a RIF
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Federal Worker Rights @fedworkerrights.bsky.social · 11/10/2025
TRO = temporary restraining order
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Federal Worker Rights @fedworkerrights.bsky.social · 11/10/2025
In an attached declaration, the Government sets forth how many employees have been RIFed today:
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Federal Worker Rights @fedworkerrights.bsky.social · 11/10/2025
The Government's lead argument is that the Court should deny the TRO because employees don't face immediate harm since their terminations won't take effect for 30 or 60 days
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Federal Worker Rights @fedworkerrights.bsky.social · 11/10/2025
Here's the error-filled table of contents of the Government's brief opposing a TRO of the shutdown RIFs
Table of contents of government brief opposing a TRO of Shutdown RIFs. Where page numbers should be, the document says, "ERROR! BOOKMARK NOT DEFINED"
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Federal Worker Rights @fedworkerrights.bsky.social · 10/10/2025
Judge Ilston previously scheduled a hearing for October 16 on a TRO to stop the shutdown RIFs. Lawsuit filed by AFGE and AFSCME. Docket here: www.courtlistener.com/docket/71502...
courtlistener.com
American Federation of Government Employees, AFL CIO v. United States Office of Management and..., 3:25-cv-08302 - CourtListener.com
Docket for American Federation of Government Employees, AFL CIO v. United States Office of Management and..., 3:25-cv-08302 — Brought to you by Free Law Project, a non-profit dedicated to creating hig...
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Federal Worker Rights @fedworkerrights.bsky.social · 10/10/2025
Nick Bednar's bottom line on the shutdown RIFs:
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Federal Worker Rights @fedworkerrights.bsky.social · 10/10/2025
"[A]n administration official granted anonymity to discuss the layoffs said they hit agencies including: Interior, Homeland Security, Treasury, EPA, Commerce, Education, Energy, HHS and HUD."
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Federal Worker Rights @fedworkerrights.bsky.social · 10/10/2025
From Politico: Vought sounds layoff siren: 'The RIFs have begun' www.politico.com/news/2025/10...
politico.com
Vought sounds layoff siren: 'The RIFs have begun'
At least nine agencies appear to be affected.
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Federal Worker Rights @fedworkerrights.bsky.social · 03/10/2025
All MSPB filing deadlines will be extended over the course of the government shutdown. Learn more about how the shutdown will impact federal workers' cases here: federalworkerrights.com/2025/10/03/w...
federalworkerrights.com
Impact of Government Shutdown on Federal Workers' Cases
Learn how the federal government shutdown impacts filing deadlines for MSPB, EEO investigations, and EEOC cases. Stay informed and prepared.
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Federal Workers United @fedworkersunited.bsky.social · 29/09/2025
🚨 BREAKING: HUD just fired 2 of the 4 civil rights attorneys who blew the whistle on illegal discrimination, political interference & the dismantling of fair housing protections. This comes just one week after Sen. Warren called for an IG investigation. #ProtectWhistleblowers #FairHousing
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Federal Worker Rights @fedworkerrights.bsky.social · 15/09/2025
New post: responding to OPM Director Scott Kupor on probationary employee terminations federalworkerrights.com/2025/09/15/r...
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Federal Worker Rights @fedworkerrights.bsky.social · 21/08/2025
The case is real, but Kupor’s description of the case is not accurate. It is specific to the termination of a small number of immigration judges at DOJ.
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Federal Worker Rights @fedworkerrights.bsky.social · 04/08/2025
New blog post discussing the MSPB's approach to class actions in the first six months of the administration. Why has the MSPB entertained class actions for terminated probationary employees, but not RIFed employees? federalworkerrights.com/2025/08/04/a...
federalworkerrights.com
Assessing the MSPB’s approach to class actions in the first six months of Trump II
The second Trump administration has sought to terminate federal employees in unprecedented numbers, using mass terminations of probationary employees, reductions in force (RIFs), and other initiati…
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Nick Bednar @nicholasbednar.bsky.social · 24/07/2025
Over at @lawfaremedia.org, I explain the new Schedule G and some broader trends that signal an effort to make a significant portion of the federal workforce subject to at-will removal. www.lawfaremedia.org/article/the-...
lawfaremedia.org
The End Game for Schedule G
Schedule G reflects a broader trend of moving the civil service back toward a patronage system, favoring loyalty over expertise.
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Federal Worker Rights @fedworkerrights.bsky.social · 24/07/2025
Are you a lawyer interested in litigating against the Trump administration in defense of federal employees? This job might be for you: www.jamhoff.com/jhrecruit/. Feel free to DM for more info.
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Federal Worker Rights @fedworkerrights.bsky.social · 19/07/2025
This is the second case where the MSPB has certified a class for probationary federal workers who were mass fired by the Trump Administration and DOGE. We are proud to stand with them by filing this class action and will continue fighting for federal workers' rights.
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Federal Worker Rights @fedworkerrights.bsky.social · 19/07/2025
DOI probationary class includes all DOI “employees serving in a probationary or trial period who were issued termination notices between February 14-18, 2025, in response to a January 20, 2025, guidance memorandum issued by the Office of Personnel Management.” Exceptions discussed in blog post.
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Federal Worker Rights @fedworkerrights.bsky.social · 19/07/2025
Exciting news: our class action for fired probationary workers at the Department of Interior was just granted! DOI workers can learn more about what will happen next at federalworkerrights.com LINK: www.reuters.com/legal/govern...
federalworkerrights.com
Federal Worker Rights
Visit the post for more.
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Federal Worker Rights @fedworkerrights.bsky.social · 10/07/2025
And here is the statement from the unions, nonprofits, and localities that brought the case: www.afge.org/publication/...
afge.org
Supreme Court Intervenes to Allow Trump’s Unlawful Reorganization of the Federal Government to Continue as Case Proceeds
The U.S. Supreme Court has granted another emergency stay request from the Trump-Vance administration to stay the injunction two lower courts had approved in AFGE v. Trump that halted the unlawful reo...
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Federal Worker Rights @fedworkerrights.bsky.social · 10/07/2025
Guide from Civil Service Strong on next steps after the Supreme Court's RIF decision: www.civilservicestrong.org/resources/yo...
civilservicestrong.org
You Are Not Alone: A Resource Guide for Civil Servants Affected by the Supreme Court’s RIF Decision | Civil Service Strong
Resource guide for civil servants affected by the Supreme Court's RIF decision on Tuesday, July 8th, 2025.
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Bill Grueskin @bgrueskin.bsky.social · 10/07/2025
Joe Davidson, longtime Washpost columnist, quit due to editing restrictions. He couldn't call a pay raise for fed'l employees "well deserved" or say that a hallmark of Trump’s "turbulent months in office is his widespread, ominous attack on thought, belief & speech” www.facebook.com/story.php?st...
Blocking my column because it was too opinionated was a shock. I’ve authored many pieces over my 17 years writing the Federal Diary (renamed the Federal Insider in 2016), that were at least if not more opinionated as the now dead one. In that piece, I argued that “one hallmark of President Donald Trump’s first three, turbulent months in office is his widespread, ominous attack on thought, belief and speech.”
The piece contained specific examples, including Secretary of State Marco Rubio’s alarming memo supporting deportation of Columbia University pro-Palestinian activist Mahmoud Khalil. Rubio said Khalil could be expelled for “expected beliefs…that are otherwise lawful.” What immigrants might believe in the future now can make them federal law enforcement targets.
Another far-reaching example I cited is Trump’s aggressive attack on speech promoting diversity, equity and inclusion (DEI). His executive order commanded federal agencies to “excise references to DEI and DEIA [“A” for accessibility] principles, under whatever name they may appear.” Also, Tufts University student Rumeysa Ozturk, of Turkey, was abducted off the street by masked officers because she co-wrote an op-ed critical of Israel. It was a terrifying sight, caught on video, which previously would have seemed more applicable to George Orwell’s dystopian and cautionary tale against totalitarianism and thought police in is novel “1984.” This is America in 2025.
Killing that column was a death blow to my life as a Washington Post columnist. But I wrote two more articles to see if I could cope with the restrictions. That’s when I learned just how severe the policy is. In my next piece, I was not allowed to describe a potential pay raise for federal employees as “well-deserved” because of Post policy.  
As a columnist, I can’t live with that level of constraint. A column without commentary made me a columnist without a column. I also was troubled by significant inconsistencies in the implementation of the p…
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Federal Worker Rights @fedworkerrights.bsky.social · 09/07/2025
We have another post on yesterday's RIF decision: Why didn't the Supreme Court address channeling? federalworkerrights.com/2025/07/09/w...
federalworkerrights.com
Why didn’t the Supreme Court address channeling in its RIF decision?
An interesting aspect of yesterday’s Supreme Court decision on RIFs is that it doesn’t mention the so-called “channeling doctrine.” This doctrine provides that federal employees generally cannot go…
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Federal Worker Rights @fedworkerrights.bsky.social · 09/07/2025
Posted late last night regarding the Supreme Court’s RIF decision:
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Federal Worker Rights @fedworkerrights.bsky.social · 09/07/2025
Here's our post on the Supreme Court decison permitting RIFs to move forward at 22 agencies. It's a major setback for federal employees, but many options remain open for challenging RIFs. federalworkerrights.com/2025/07/08/w...
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Federal Worker Rights @fedworkerrights.bsky.social · 23/06/2025
The senate parliamentarian has ruled against a 50-vote threshold for reorganization of the executive branch and pay-for-job protections plan, among other provisions in the republican budget bill: www.budget.senate.gov/ranking-memb...
budget.senate.gov
“One Big, Beautiful Bill” Has More Provisions That Violate the Byrd Rule, According to Senate Parliamentarian | U.S. Senate Committee On The Budget
The Official U.S. Senate Committee On The Budget
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Federal Worker Rights @fedworkerrights.bsky.social · 17/06/2025
Some folks have asked how to receive blog posts by email. We've added an email subscription option here: federalworkerrights.com/2025/06/17/r...
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