Civil Service Laws Still Apply and May Help You
By The Employment Law Group
IMPORTANT: The following post is intended as a general summary and is not individual legal advice upon which you should rely or act. Every case is unique and specific. This article represents our firm’s best wisdom as of February 2025.
Our law firm deplores the chaotic and possibly unlawful actions that the Trump administration has aimed at dedicated civil servants.
Many federal employees are calling us to seek legal advice. If you face a specific negative action or if you have been notified of a proposed negative action — such as reclassification, forced leave, or layoff — we invite you to consult with our attorneys about your individual situation.
If you’re mostly just confused and anxious, however, read on. We have some general advice and also some thoughts about particular Trump initiatives, including so-called “deferred resignation.”
We will update this page regularly.
Here is our high-level advice right now for all federal employees:
- Don’t panic. You are protected by a system of laws and regulations that has not disappeared. If you are illegally punished or removed, you will have legal options.
- Review your personal job goals. Most fundamentally, think about whether you want to continue working in the federal government. Under what terms? Your well-considered job goals should guide your response to various Trump actions.
- Ignore actions that don’t apply to you. As an example, the Trump administration made a purported offer of “deferred resignation” to most federal employees. If you had no desire to end your civil service career in 2025, and you weren’t already on probation or a performance plan, this offer likely didn’t deserve serious consideration. Don’t get caught up in the drama.
- Get information from reputable sources. Your coworkers and even your bosses may not understand your agency’s status or plans. Executive orders may not be clear, and they may not be legal. Social media is completely unreliable. On federal employment matters, a few sources that we like are Government Executive and Federal News Network, both of which are credible news outlets; the Partnership for Public Service, a longstanding nonpartisan advocate of effective government; and Civil Service Strong, a new Web site founded by a coalition of employee-friendly organizations we trust.
- If you are targeted, get good advice. This applies if you are officially notified that your job will be eliminated or changed in some fundamental way, or if you’re considering resigning. If you belong to a union, ask your steward. Otherwise, or in addition, consult a federal employment attorney. Don’t take any action — positive or negative — without understanding the implications. Sadly, you cannot rely on the Trump administration’s statements. Get an independent opinion.
- Focus on your own individual battle. “Is this policy even legal?” is a natural question, but it may not be productive. Our law firm believes that some Trump actions against federal employees are likely illegal — but we also believe that it’ll take months or years to sort out. In the meantime, if you are targeted, you need a legal strategy that protects you individually. Rack your brain for facts that are different about your situation, compared to everyone else. A lawyer may be able to use those facts to help you.
- Know that lawyers are swamped right now. Federal employment lawyers are working overtime to help people who are affected — or just scared — by the Trump administration’s actions. Our own law firm is getting more queries than we can easily handle. Like some other firms, we are prioritizing the cases where we can offer most help. You may need to contact multiple firms to find the help you need.
- Don’t lose heart. Your work for the United States is valuable. Your career matters. Administrations come and go, but you are protected by robust laws that will mostly survive this time of tribulation. We believe this.
And here are our firm’s thoughts on some specific Trump actions:
- Senate-approved officers: If you are an Officer of the United States and you believe you have been removed without proper process, our firm may be able to help you. Contact us for a consultation.
- Schedule P/C: If you’ve been told that your civil service job will be reclassified as “at-will employment” under Schedule Policy/Career or Schedule P/C — which was called Schedule F during the first Trump administration — our firm believes that you may be able to grieve or otherwise contest the reclassification. Contact us for a consultation.
- DEI program officials: If your civil service job is being eliminated as part of the Trump administration’s assault on workplace equity programs, our firm believes that you may have legal options, depending on your situation. Contact us for a consultation.
- “Deferred resignation”: Even if you want to leave federal service, our firm believes that it’s risky to follow the instructions in the so-called “Fork in the Road” email and just hope for the best. Resigning your position deprives you of many legal rights. The program also faces some serious questions about its viability and whether its terms can be trusted. If you are considering “deferred resignation” or have already accepted it, we believe you should talk with a lawyer about how to proceed. Depending on the specifics, our firm may be able to help.
If you don’t see your question answered here, revisit this page later. We will update it as more Trump anti-employee actions unfold.
