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What you need to know about the Supreme Court ruling allowing mass federal layoffs

The Partnership for Public Service hosted a FedSupport webinar to unpack the implications of a recent Supreme Court ruling allowing the Trump administration to proceed with large-scale reductions in force at federal agencies.  

The webinar brought together voices from Democracy Forward, the Rise Up: Federal Workers Legal Defense Network and the American Federation of Government Employees. Together, the speakers provided legal context and practical guidance for employees facing a reduction in force, or RIF.

Key takeaways 

The Supreme Court’s decision in AFGE v. Trump allows certain agencies to proceed with mass layoffs and restructuring efforts. The ruling does not apply to every federal agency but it does impact over 20 of them. The decision was not about the legality of specific agency reorganization plans, and litigation on these matters is still ongoing. 

This ruling exacerbates the challenging and complex legal landscape for federal employees seeking to contest a RIF decision, particularly when paired with strict, time-sensitive deadlines to file an appeal. 

Advice for federal employees 

• Stay informed: Monitor agency notices and union updates closely for legal updates. 
• Seek support early: Contact unions or legal defense networks if you have any questions about receiving a RIF notice. 
• Know your rights: Appeals to the Merit Systems Protection Board remain available, but deadlines are short. Make sure you know the timeframe for an appeal.
• Document everything: Keep thorough records of performance, assignments and communications to strengthen any potential case. 

In addition to these steps, employees can think of career planning as part of their defense strategy. This could mean updating resumes, maintaining professional networks and staying aware of reassignment or transfer opportunities within government. Even if an appeal is pursued, preparing for alternative paths can provide greater security.

Paths to appeal RIF decisions

Depending on individual circumstances, employees may have different routes to appeal a RIF. These are some to be aware of: 

• Merit Systems Protection Board: Reviews whether rules and retention registers were followed (typically within 30 days). The retention register lists employees in a specific job category and ranks them to determine who is retained or separated. 
• Union grievances: Available under collective bargaining agreements for unionized employees.
• Equal Employment Opportunity Commission complaints: Complaints can be filed if discrimination is suspected (race, gender, age, disability, etc.).
• Office of Special Counsel: Available for retaliation or whistleblower cases.
• Judicial review: In limited cases, employees can appeal MSPB rulings to federal court.

While these avenues remain open, they come with strict timelines and procedural requirements that can be difficult to navigate without preparation. Understanding the distinctions among these options is key to mounting an effective response. 

Employees who are part of a union may have access to additional or different appeal options and should contact their union representatives for more information. There are also lawsuits underway from unions, organizations and law firms that federal employees may be able to join. 

Stay informed

If you are a federal employee who has been wrongfully terminated or are concerned about your employment rights, contact the Rise Up: Federal Workers Legal Defense Network to access free legal support. 

Affected civil servants can also explore our FedSupport Hub and Democracy Forward’s Civil Service Strong for the latest resources. 

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