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…

We've posted an update on MSPB litigation challenging the probationary employee terminations, RIFs, and more: federalworkerrights.com/2026/03/16/m...

In addition, there may be good arguments to vacate the rule or, if it takes effect, to bring certain RIF claims directly in court.

Congress could equally establish a right to appeal a RIF to the MSPB or to ensure judicial review of RIF appeals.

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.

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.

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...

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...

OPM releases the text of the final rule for Schedule Policy/Career.

public-inspection.federalregister.gov/2026-02375.pdf

OPM has issued its final rule establishing "Schedule Policy/Career": public-inspection.federalregister.gov/2026-02375.pdf

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…

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...

We provide the best data we've found on the total reduction as well as the effect on particular agencies.

The administration shrank the federal workforce by nearly 11% this year--the equivalent of eliminating the entire Department of Justice, twice.

New post in a planned series looking back at this year's war over the federal workforce: federalworkerrights.com/2025/12/18/d...

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...

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.

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. https://bit.ly/4oNyBQc

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...

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.

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

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

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.

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...

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.

RIF = reduction in force. Also known as a layoff
RIFed = terminated in a RIF

TRO = temporary restraining order

In an attached declaration, the Government sets forth how many employees have been RIFed today:

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

Table of contents of government brief opposing a TRO of Shutdown RIFs. Where page numbers should be, the document says, "ERROR! BOOKMARK NOT DEFINED"

Here's the error-filled table of contents of the Government's brief opposing a TRO of the shutdown RIFs

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...

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...

Nick Bednar's bottom line on the shutdown RIFs:

"[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."

Vought sounds layoff siren: 'The RIFs have begun' At least nine agencies appear to be affected.

From Politico: Vought sounds layoff siren: 'The RIFs have begun' www.politico.com/news/2025/10...

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.

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...