A guide to navigating the new executive actions on the federal workforce

Dear civil servant,

This may be a disorienting time. You likely chose your public service role because of your dedication to the mission of your agency and a desire to serve. It is more than a job. But it’s also a job — your livelihood, and perhaps what enables you to help support your loved ones. Before Inauguration Day, you saw other civil servants end up on watch lists and get publicly ridiculed by members of the incoming administration and their allies.

And now, the president himself has announced that his administration will dismantle the federal workforce through a suite of executive orders and guidance memoranda, including attacks on the Senior Executive Service, federal employee unions, and probationary employees; the initiation of processes to roll back remote work; and a re-branded Schedule F executive order — moves that seems like they might threaten your job. In the broader context, we know that safeguarding the civil service is critical to protecting democracy. You know well that American history, examples from around the world, and extensive case studies provide ample evidence that in the absence of protections for civil servants, corruption flourishes, services deteriorate, and the rule of law flounders.

You may be wrestling with what it now means to live your commitment to serving the American public while maintaining your livelihood. With each new headline, allow yourself some time to understand what is happening. Then, consider what steps you can take to protect yourself moving forward.

The rebranded Schedule F executive order and related executive actions

The new administration has issued a series of executive orders and guidance documents that affect civil servants. One of the most sweeping is a new executive order purporting to reinstate and expand its 2020 Schedule F executive order. (The employment category once known as “Schedule F” has been rebranded “Policy/Career.”) The order claims it will turn a swath of federal positions into at-will positions (the precise positions covered are not yet clear), and it purports to cast aside the 2024 OPM regulations protecting civil servants.

This new order has already been challenged in court and we anticipate additional litigation in the days ahead. Our explainer from 2024 on the president’s Schedule F plans is here, and this Lawfare Primer on the Civil Service and the Trump Administration, from December, offers a more detailed look at some of the legal questions raised by Schedule F and other attacks on the civil service.

The president also issued an executive order aimed at ending telework, which directs agencies to require their employees to work full-time, in-person at their duty station. But agencies must end telework arrangements “as soon as practicable” — not immediately. And the order contemplates that there may be exceptions.

Additionally, late Monday night the Office of Personnel and Management (OPM) issued a memorandum asking agencies to provide OPM with a list of all employees who are in their initial probationary period after being hired, and it asks agencies to “promptly determine whether those employees should be retained at the agency.” The memorandum also asserts that agencies may put employees on paid administrative leave or assign them to temporary details, and it encourages agencies to use these “flexibilities” during the period of transition or reorganizations.

Since these actions often put authority in the hands of agency heads, it is too early to fully know what the guidance will mean for different federal employees.

What can you do?

It is understandable to feel overwhelmed. But there are concrete things you can do to protect yourself right now. In this letter, we link to resources, but you may find there are other similar service providers or vendors you prefer.

You can strengthen your privacy and security practices. Start by recommitting to the basics: enforce a strict divide between personal and work devices and internet/phone use.

• Use end-to-end encrypted services like Signal for personal communications.
• Use a password manager/protector such as 1Password.
• Remove personal identifiable information from your social media and set them to private. (Private companies, such as DeleteMe, Kanary, Optery, and Aura, will reduce your internet presence for you.) Consider an automated social media security and privacy service like Block Party.
• If you’re worried specifically about doxxing and online harassment, consider reviewing these resources from the Electronic Frontier Foundation, the Washington Post, and PEN America.

You can plan for a career transition or adverse action. Having a plan for what you will do if you are let go can protect you from acting out of fear — for example, complying with directives that make you uncomfortable because you fear losing your job.

• Plan financially for the possibility of losing your job. Common advice is to have an “emergency fund” for three-to-six months of living expenses.
• Consider updating your resume and reaching out to your professional network.
• Practice good personal document hygiene: government documents belong at the office, while you should ensure you have important personal documents (tax forms, past performance appraisals, etc.) in your personal files.
• Ensure that your LinkedIn profile properly represents (and does not overstate) your role. Civil servants who the administration says occupy policy-determining, policy-making, and policy-advocating positions are likely to be early targets for losing civil service protections. Section 5(c) of the 2020 executive order and section 3(e)(ii) of the new executive order offer some sense of the types of positions that may qualify.
• Consider getting situationally helpful insurance. Some insurance companies that cater to federal employees offer benefits for civil servants who are subjected to disciplinary proceedings, suffer an adverse employment action, are sued civilly, or even those subject to congressional or criminal investigations. FEDS Protection and Starr Wright USA are two such examples.

If you decide to stay in your role, formulate a plan for how you will uphold the rule of law and deliver goods and services to the American people. You may want to:

• Refresh your understanding of your rights and obligations in your agency manual and review applicable ethics rules.
• Consider your personal red lines and what you will do if you are asked to cross them.
• Identify your community for helping you recognize when your red lines are crossed. Do you have trusted colleagues at work, friends, or a religious community that you can turn to for help navigating tricky situations, consistent with confidentiality obligations?

There are resources available to support you

The resources you need will depend on your particular situation and concerns. In addition to those listed below, the website Civil Service Strong has a number of resources and is updated regularly in response to new threats.

If you are a DOJ attorney, you may be interested in Protect Democracy’s new guide: Supporting and Defending the Constitution: A DOJ attorney’s guide to upholding ethical obligations and the rule of law.

If you need legal counsel, the National Employment Lawyers Association, Metropolitan Washington Employment Lawyers Association, and Federal Circuit Bar Association all have resources for finding attorneys. Some private law firms that often work with federal employees include the Alden Law Group ([email protected]), Gilbert Employment Law, and Kalijarvi, Chuzi, Newman & Fitch.

If you are interested in learning more about whistleblowing, and the protections in law that exist for disclosing violations of the law, the Government Accountability Project has useful information and an intake application. The House Office of the Whistleblower Ombuds also has extensive resources, including lists of other organizations that support whistleblowers. You may also be interested in the report Caught Between Conscience and Career, a guide for federal government whistleblowers.

Stay up-to-date on developments affecting the federal workforce

If you are not a subscriber to our If you can keep it newsletter, sign up here.

If you are interested in learning when Civil Service Strong launches its “centralized hub for individuals facing harassment by private individuals, or fearing firing, reassignment, or retaliation,” you can sign up here. If you belong to a union or other employee association, they may have useful resources and information. Additionally, below are some news sites, blogs, and newsletters that provide real-time information on the threats federal civil servants face:

• Federal News Network and GovExec are indispensable news sources for federal employees.
• The FedAgent newsletter about issues affecting the federal law enforcement and homeland security community and the FedManager newsletter about issues affecting the federal civil service. Both are written by the firm Shaw, Bransford, & Roth.

And thank you, so much, for your patriotism and service to the country. The decisions you are confronting right now are not easy ones. But ensuring you are informed and have taken steps to prepare for eventualities can help ensure that you make the best possible decisions.