How can Federal Government employees protect themselves after new Trump executive orders?

Recent executive orders issued under the Trump administration have completely changed federal employment. Everything from job security to union rights to workplace protections have changed. For federal employees, understanding these changes and taking steps to protect their rights is more important than ever.

Here are some examples of the newly signed executive orders:

Return to Work: President Trump “instructed all U.S. government departments and agencies in the executive branch to end remote work arrangements and require employees to return to work on a full-time basis.”  https://www.cbsnews.com/news/trump-orders-all-federal-workers-back-to-office-5-days-a-week/

Hiring Freeze: President Trump signed a hiring freeze order explicitly intended “to reduce the size of the Federal Government’s workforce through efficiency improvements and attrition.”  You can click here to read this Executive Order: https://www.whitehouse.gov/presidential-actions/2025/01/hiring-freeze/

Changing Positions from Merit System Protections to at-will: Trump signed an order aimed at reinstating Schedule F, a proposal from the end of his first term that would convert tens of thousands of career federal workers in “policy-related” jobs out of the merit-based competitive service and into at-will positions, effectively stripping them of their civil service protections. https://www.govexec.com/workforce/2025/01/trump-agencies-should-fire-all-bureaucrats/402353/

Some Republican lawmakers have expressed support for Schedule F through a legislative package known as the DOGE Acts, including one bill that would codify the Trump executive order while keeping typical federal employee protections for workers at agencies serving public safety and national security functions.

The Saving the Civil Service Act, reintroduced last week by a bipartisan, bicameral group of lawmakers,  seeks to protect the federal workforce from “politicization and political manipulation.” https://fedscoop.com/trump-restores-schedule-f-via-executive-order/

“President Trump’s order is a blatant attempt to corrupt the federal government by eliminating employees’ due process rights so they can be fired for political reasons,” Everett Kelley, national president of the American Federation of Government Employees, which represents 750,000 workers, told CNN of the new orderhttps://www.cnn.com/2025/01/20/politics/federal-employee-protections-trump-executive-order/index.html

For more information, we summarize below  areas affected by these executive orders and provide specific steps federal employees can take to safeguard their interests.

Summary of Key Changes Under the Executive Orders

1. Restrictions on Union Activities Executive orders have imposed stricter limitations on federal employee unions. These include reduced official time for union activities, restrictions on the use of office space for union work, and limits on the scope of collective bargaining. These measures weaken the ability of unions to advocate for employees effectively.
2. Streamlining the Disciplinary Process New directives have accelerated the disciplinary process, making it easier for agencies to remove employees for misconduct or poor performance. While accountability is essential, these changes may lead to a perception of diminished due process for employees facing disciplinary actions.
3. Altering Collective Bargaining Agreements Federal agencies have been instructed to negotiate shorter and more limited collective bargaining agreements. This move curtails the ability of unions to negotiate comprehensive protections for employees.
4. Performance-Based Removals The new policies prioritize performance metrics, increasing the focus on measurable outputs. This shift may heighten the risk of removal for employees perceived as underperforming, sometimes without adequate consideration of mitigating circumstances.

Steps to Protect Yourself as a Federal Employee

1. Know Your Rights Familiarize yourself with the policies that govern your employment. Understanding the Federal Service Labor-Management Relations Statute (FSLMRS), applicable agency rules, and recent executive orders will empower you to identify and respond to potential violations of your rights.
2. Resources such as the Office of Personnel Management (OPM) website and your union’s materials can provide valuable insights.
3. Engage with Your Union If you are a union member, stay actively engaged with your union representatives. Unions remain a critical advocate for federal employees, even under restricted conditions. Attend meetings, participate in discussions, and support union initiatives aimed at challenging unfair policies.
4. If you are not already a union member, consider joining to gain access to collective support and representation.
5. Document Workplace Issues Maintain detailed records of workplace incidents, including interactions with supervisors, performance evaluations, and disciplinary actions. Documentation serves as evidence should you need to challenge unfair treatment or disciplinary actions.
6. Be mindful of your agency’s policies on recording and documentation to ensure compliance.
7. Seek Legal Counsel Legal representation is invaluable when navigating complex employment disputes. Federal employment lawyers specialize in cases involving executive orders, union rights, disciplinary actions, and whistleblower protections. Consulting with a knowledgeable attorney can clarify your rights and help you develop an effective strategy.
8. Leverage Whistleblower Protections If you encounter misconduct or violations of federal law within your agency, familiarize yourself with whistleblower protections under the Whistleblower Protection Act. Reporting such issues requires careful adherence to procedures to ensure you are shielded from retaliation.

Organizations like the U.S. Office of Special Counsel (OSC) can provide guidance and assistance.

1. Utilize Alternative Dispute Resolution (ADR) Before disciplinary actions escalate, explore ADR options such as mediation or arbitration. These mechanisms offer a less adversarial approach to resolving workplace conflicts and may lead to mutually beneficial outcomes.
2. Stay Informed and Proactive Federal employment policies are subject to change, particularly during transitions between administrations. Keep yourself informed of updates to executive orders, legislative changes, and court rulings that may impact your employment rights.

Subscribing to newsletters from federal employment organizations and regularly checking government resources can help you stay ahead.

Advocacy and Policy Challenges

Several unions and advocacy groups are starting to challenge these executive orders in court, arguing that they undermine statutory protections for federal employees. Some provisions may be upheld, and others have been blocked or modified. The legal landscape remains dynamic, and employees should monitor ongoing developments.

Building a Resilient Federal Workforce

The impact of these executive orders underscores the importance of a resilient federal workforce. Employees must prioritize self-advocacy, collaboration, and awareness to navigate challenges effectively. While unions and legal protections remain crucial pillars, individual vigilance plays a vital role in safeguarding rights.

At Punchwork Law, we are dedicated to empowering federal employees with the resources and representation they need. Whether you are facing disciplinary action, navigating union-related challenges, or seeking guidance on whistleblower protections, our experienced team is here to help. Contact us for a consultation and take the first step toward protecting your career and rights.