President-elect Donald Trump prepares to take office as the 47th President of the United States on January 20. And many federal employees are feeling uncertain about their job. The incoming administration has commented about cutting the federal workforce and reclassifying many federal employees as at-will. With the potential changes in federal employment, it’s important to know what protections you have and how you can safeguard your position.
To help shed light on this issue, I spoke with Alan Lescht, a Washington, D.C.-based employment attorney with over 30 years of experience advocating for federal employees. Lescht provided insights into the legal framework protecting federal workers and steps employees can take to protect their rights.
Legal Protections for Federal Employees
Federal employees are subject to a variety of legal protections designed to prevent arbitrary dismissal. According to Lescht, the primary legal framework for federal workers is the civil service system, which aims to ensure fair treatment and due process. After completing probation, most federal employees gain due process rights, meaning they cannot be dismissed without a valid reason and must be provided an opportunity to challenge the decision.
“While there is a common misconception that federal employees can’t be fired, the truth is that the civil service system is designed to provide a fair process,” Lescht explained. “Most employees in the competitive service—the largest portion of the federal workforce—have these protections.”
Political and Partisan Terminations
The civil service system also guards against political or partisan terminations. Lescht noted that while political appointees, who serve at the pleasure of the president, are at-will employees, most federal workers are protected by merit-based systems that prioritize qualifications and experience over political affiliation. This ensures that cronyism is minimized and that the most qualified individuals remain in federal service.
Career Civil Service vs. At-Will Employees
There is a legal distinction between career civil service employees and at-will employees in the federal government. Career civil service employees are typically hired through a competitive process and enjoy legal protections against arbitrary dismissal. In contrast, at-will employees, such as political appointees, can be terminated at any time without due process.
Schedule F could get changed under the new administration, which could make it easier for certain employees to be hired and fired. Lescht anticipates that experienced federal employees, particularly those in policy-making roles (like GS-14s and 15s), could be impacted.
Steps Federal Employees Can Take to Safeguard Their Positions
With potential changes looming, federal employees need to be proactive in safeguarding their careers. Here are several strategies and tips for navigating these uncertain times.
1. Document Everything
“One of the most important steps federal employees can take is to meticulously document their accomplishments and daily work,” Lescht advised. “This documentation should be kept on a personal system, separate from any work systems.” Having a clear record of your contributions can be vital if your position comes under scrutiny.
2. Be Prepared for Organizational Changes
Lescht cautioned that federal employees should prepare for possible reorganizations, as the new administration may seek to restructure agencies and departments. If you’re in a targeted role, be ready to respond quickly with evidence of your performance and contributions.
3. Monitor Your Rights
It’s important for federal employees to stay informed about their rights. Lescht suggests that employees regularly check with their union representatives, as unions are likely to file lawsuits to protect workers. Employees can also consult with an attorney to understand their legal protections in the event of potential reclassification or dismissal.
4. Don’t Engage in Public Defenses
While it may be tempting to take to social media to voice concerns or grievances, Lescht warned that it’s much safer to handle disputes privately. “Litigation is often a better route than publicly sharing your thoughts online,” he advised. Publicly challenging the administration could be used against you in the future, so it’s better to focus on legal channels for protection.
5. Understand the Rules of Reduction in Force (RIF)
If the government moves forward with mass dismissals, the Reduction in Force (RIF) process will come into play. Lescht emphasized that RIF rules are well-established and will need to be followed. These rules include certain protections for employees.
6. Prepare for Potential Telework and Remote Work Changes
Another area of concern is the possibility that telework and remote work rules will be tightened. The administration may push for federal workers to return to the office, with the hope that some will choose to leave. For those who rely on telework, this could represent a significant change.
Protecting Federal Employee Rights
While the threat of job losses and reclassification is concerning, the systems in place to protect federal workers are designed to ensure fairness. Lescht reassured federal employees that they still have avenues to defend their positions. “The merit system is there to ensure that federal employees are not subjected to political whims, and the due process protections are important tools that employees can use to challenge unjust actions.”
Federal employees should remain vigilant, document their work, and seek legal counsel when needed. It’s crucial for federal workers to know their rights and take proactive steps to safeguard their careers.
