{"id":62390,"date":"2025-08-06T10:33:09","date_gmt":"2025-08-06T10:33:09","guid":{"rendered":"https:\/\/www.newsbeep.com\/us\/62390\/"},"modified":"2025-08-06T10:33:09","modified_gmt":"2025-08-06T10:33:09","slug":"displaced-federal-employees-have-legal-options-heres-what-to-know","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us\/62390\/","title":{"rendered":"Displaced Federal Employees Have Legal Options. Here\u2019s What To Know."},"content":{"rendered":"

Federal employees have been living in a constant state of uncertainty since late January, dealing with mass firings, court decisions that swing back and forth, and an administration that employment lawyers say is systematically dismantling longtime protections. In DC, where federal workers make up 43 percent of the workforce, thousands are scrambling to understand what comes next and turning to labor lawyers for guidance.<\/p>\n

It\u2019s not just that jobs are disappearing\u2014it\u2019s how they\u2019re disappearing that\u2019s left federal workers reeling. \u201cReductions in force (RIFs) have never been done this way before,\u201d says DC attorney Debra D\u2019Agostino. Traditionally, Congress passes a budget that cuts funding for an agency or program, and then jobs are adjusted accordingly. Workers are transferred, retrained, or provided with proper notice and severance based on seniority and performance. \u201cIt was all done in a way that people knew what was happening, why it was happening, and could make informed decisions about their own situation,\u201d she says.<\/p>\n

It\u2019s not just that jobs are disappearing\u2013it\u2019s how they\u2019re disappearing.<\/p>\n

Instead, we\u2019re now seeing what D\u2019Agostino calls \u201cRIFs by executive order.\u201d The administration is bypassing careful documentation and procedural safeguards, resulting in employees getting fired without proper justification or having disability accommodations rescinded without review. \u201cThere were systems in place that everyone previously more or less respected, that were designed to prevent things like this from happening,\u201d says DC attorney Sarah Nason. \u201cNow all of that is being ignored.\u201d<\/p>\n

It\u2019s easy to understand why those affected may choose to accept their fate, but federal employees aren\u2019t powerless. Their employment rights remain largely intact, leaving many avenues to fight back\u2014and lawyers are encouraging aggressive use of these options. For instance, the Merit Systems Protection Board (MSPB) continues to process cases despite Trump\u2019s firing of the Biden-appointed chair, Cathy Harris. \u201c[Administrative judges] are hearing appeals on both probationary terminations and RIF cases,\u201d D\u2019Agostino notes. However, the MSPB doesn\u2019t have a quorum of members, meaning cases won\u2019t reach final decisions for several months. But even if the MSPB becomes completely dysfunctional, DC attorney David Wachtel points out a recent Fourth Circuit decision in\u00a0National Association of Immigration Judges v. Owen\u00a0suggesting that federal employees may be able to bypass it entirely and go straight to federal court.<\/p>\n

The Office of Special Counsel and the Equal Employment Opportunity Commission (EEOC) also offer paths for resolution, particularly for whistleblower or discrimination cases. Both D\u2019Agostino and Wachtel admit that attorneys have limited faith in these forums, though, as they\u2019ve become slower and less effective. Still, they advise people to file complaints.<\/p>\n

For federal employees who haven\u2019t been laid off, Wachtel recommends starting documentation now. They should keep a detailed log of dates, events, and conversations but be strategic about what they record. \u201cYou can write outlines of the conversation, like \u2018On this date, I met this person and we talked about this subject,\u2019 \u201d Wachtel says. He advises people to avoid including classified or sensitive information that could create additional problems. If you\u2019re in a union, it\u2019s also important to have a copy of your collective-bargaining agreement. Regularly check your electronic personnel records. Wachtel and Nason have seen RIF notices with incorrect employment dates that make workers appear to have less tenure than they actually do.<\/p>\n

Most important, know your deadlines. Federal employees typically have 45 days after a discriminatory act to file an EEOC complaint. Don\u2019t wait for the perfect case, Wachtel says. Submit by the deadline and refine the complaint later. Once you\u2019ve filed, be prepared to wait. Cases related to federal employment typically take several months to resolve. (Decisions are still being made on cases filed during Biden\u2019s presidency.) D\u2019Agostino predicts it could be another year before the Supreme Court decides on the legality of Trump\u2019s actions.<\/p>\n

Though it may feel futile amid all the uncertainty, D\u2019Agostino emphasizes that legal action serves a purpose beyond individual justice. Success may look like back pay or reinstatement for some, but for others it\u2019s about ensuring that the Trump administration follow the rules. For those who stay and fight, the message is clear: The systems designed to protect federal workers may be strained, but they\u2019re not broken.<\/p>\n

Top Employment Lawyers<\/p>\n

Federal workers are dealing with a lot of challenges under the Trump administration, including mass terminations and threats to civil-\u00adservice protections. Although recent court rulings have blocked some workforce cuts, the legal landscape remains uncertain, making it more important than ever to consult attorneys who are experienced in employment law. While many of the following attorneys\u2014who were selected through a peer survey as well as our own research\u2014handle any type of work-related law, they have particular expertise in federal employment issues, from wrongful termination and discrimination to whistleblower protection and security-clearance disputes.<\/p>\n

Kristen Alden
\nAlden Law Group<\/p>\n

Katherine Atkinson
\nAtkinson Law Group<\/p>\n

Andrew Bakaj
\nCompass Rose Legal Group<\/p>\n

Michelle Bercovici
\nAlden Law Group<\/p>\n

John V. Berry
\nBerry & Berry<\/p>\n

Subhashini Bollini
\nCorreia & Puth<\/p>\n

Linda Correia
\nCorreia & Puth<\/p>\n

Debra D\u2019Agostino
\nFederal Practice Group<\/p>\n

Rosemary Dettling
\nFederal Employee Legal Services Center<\/p>\n

James Eisenmann
\nAlden Law Group<\/p>\n

Joshua Erlich
\nErlich Law<\/p>\n

Elaine Fitch
\nKalijarvi Chuzi Newman & Fitch<\/p>\n

Gary Gilbert
\nGilbert Employment Law<\/p>\n

Mary Kuntz
\nKalijarvi Chuzi Newman & Fitch<\/p>\n

Alan Lescht
\nAlan Lescht & Associates<\/p>\n

Kel McClanahan
\nNational Security Counselors<\/p>\n

R. Scott Oswald
\nEmployment Law Group<\/p>\n

Jonathan Puth
\nCorreia & Puth<\/p>\n

Debra Roth
\nShaw Bransford & Roth<\/p>\n

Diane Seltzer
\nSeltzer Law Firm<\/p>\n

Michael Vogelsang
\nEmployment Law Group<\/p>\n

David Wachtel
\nTrister Ross Schadler & Gold<\/p>\n

Mark Zaid
\nMark S. Zaid, PC<\/p>\n

This article appears in the August 2025<\/a> issue of Washingtonian.<\/p>\n

\"Damare<\/p>\n

Research Editor<\/p>\n

Before becoming Research Editor, Damare Baker was an Editorial Fellow and Assistant Editor for Washingtonian. She has previously written for Voice of America and The Hill. She is a graduate of Georgetown University, where she studied international relations, Korean, and journalism.<\/p>\n","protected":false},"excerpt":{"rendered":"Federal employees have been living in a constant state of uncertainty since late January, dealing with mass firings,…\n","protected":false},"author":2,"featured_media":62391,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[38],"tags":[28,134],"class_list":{"0":"post-62390","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-jobs","8":"tag-business","9":"tag-jobs"},"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/posts\/62390","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/comments?post=62390"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/posts\/62390\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/media\/62391"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/media?parent=62390"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/categories?post=62390"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/tags?post=62390"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}