Federal Workplace Shifts: Insights from Attorney Jay Stafford

Major changes are coming for federal employees, and you need to be prepared. In this episode, Attorney Jay Stafford breaks down the latest updates in federal employment law, what they mean for you, and how to protect your rights. Whether it’s new policies, or workplace protections, this discussion will help you stay ahead of the curve. Don’t miss out on this essential legal insight—tune in now to stay informed and empowered in your federal career.

Hi friends, This is Mr. Jay Stafford, and today we’re discussing some challenges federal employees are facing. Joining us today—well, thanks for having me.

Please start by explaining a little bit about what a federal employment attorney does.

Yeah, absolutely. Federal employment attorneys work with federal employees who deal with a variety of situations in the workplace, whether it be discrimination, disciplinary issues, or security clearance matters. As a federal employment attorney, we represent federal employees in these circumstances—whether it’s handling discrimination or retaliation cases, dealing with proposed removals related to disciplinary actions, or addressing security clearance matters.

Certainly, in these times, we are working heavily with federal employees who are facing uncertainties due to some of the changes the administration is making.

Could you speak to when you would advise a federal employee to reach out to a firm like yours?

Yeah, I mean, look—before this current administration, I would have said to reach out when you think an issue might arise, whether it’s a workplace incident or something else. But given the changes happening now, federal employees should be reaching out to a federal employment attorney or their union now.

Many federal employees are in situations where they may need reasonable accommodations, which has become a major issue. Agencies are not complying with the law and are slow-walking reasonable accommodation requests, particularly those related to telework. Right now, my advice to all federal employees is to consult a federal employment attorney or their union as soon as possible.

Regarding the “fork in the road” email that many federal employees received, what would you advise in making a decision about accepting that offer, and how might it impact federal employees?

First and foremost, the fact that federal employees were given this type of email and given less than two weeks to make such an important decision is ridiculous.

Here are a few things to consider: I know that by the time many see this discussion, the deferred resignation program window may have already closed. However, during that time, we advised clients that there is a lot of uncertainty regarding whether the administration can legally follow through on its promise to pay employees through September.

As you know, Congress has only approved funding through March of this year. So, there are real legal concerns about the enforceability of this program. If you accepted the “fork in the road” or deferred resignation, there are serious questions about whether the administration will actually pay through September and, if not, what legal recourse you might have.

Additionally, federal employees must sign a release of claims as part of this deal, which raises even more concerns. For employees who were already planning to retire, this might have been a reasonable option. But for most federal employees, the number of unknowns in this agreement made it difficult to recommend.

Could we discuss the administration’s objective to dismantle the Department of Education and how that could impact federal employees?

Yes, absolutely. The administration has been making clear threats about reorganizing agencies and reducing positions.

From a legal standpoint, there are a few key factors to consider:

• Many of these agencies are congressionally or statutorily created, meaning there are questions about whether the administration has the legal authority to dissolve them without congressional approval.
• If the administration moves to eliminate positions held by federal employees beyond their probationary period, they typically have to go through a Reduction in Force (RIF) procedure. This process comes with significant legal protections for federal employees and is not something the administration can implement overnight.

There is some reassurance in knowing that federal employee unions are preparing to challenge any mass RIFs. Additionally, Congress may step in, as over 80% of federal employees work outside the D.C., Maryland, and Virginia areas—meaning their jobs affect congressional districts across the country. If members of Congress see agencies in their districts being reduced or relocated, they may act to prevent significant workforce reductions.

Given all these changes, what should federal employees do to stay updated and prepared?

A few things:

• If you’re part of a union, stay engaged. Many unions are putting out daily updates.
• Check our website, www.staffordtrialteam.com, where we are continuously pushing out information for federal employees.
• Download your entire Electronic Official Personnel Folder (eOPF) and ensure all your information is accurate. This is especially relevant in case of a RIF.

Let’s be realistic—there is a real risk that the federal workforce could shrink significantly. Just like we advise clients in the private sector, you need a plan.

Now is the time to update your resume, start networking, and consider opportunities outside of federal employment—just in case. You don’t necessarily need to act now, but preparing before a crisis happens is always the best approach.

Can we talk about reasonable accommodations? Any advice for employees applying for one?

Absolutely. Many federal employees who have applied for reasonable accommodations under this administration are experiencing delays or outright denials—especially for telework requests.

We advise employees to:

1. Understand your agency’s reasonable accommodation process – Every agency has a published procedure, and it’s critical to follow it precisely.
2. Seek legal counsel before applying – A lawyer can help ensure your request is properly documented and legally sound, which is important if you need to appeal a denial.
3. Have strong medical documentation – Your request should be backed by a clear letter from a medical professional explaining why the accommodation is necessary.

If your request is denied, legal representation can help you pursue an appeal or other legal options. Each situation is unique, which is why we highly recommend consulting with an attorney before submitting your paperwork.

Final thoughts?

I know that many federal employees are looking for some hope and practical next steps. We appreciate the opportunity to provide guidance, and I look forward to more conversations as things continue to evolve in the coming weeks and months.

Again, thank you for having me. These are uncertain times for federal employees, but having a plan in place is key. There will be a lot of rhetoric and threats, but focusing on what you can control—like being prepared—will put you in the best possible position.