DOGE layoffs have created unprecedented challenges for thousands of federal employees across America. Since early 2025, the Department of Government Efficiency has terminated workers at dozens of federal agencies, often with minimal notice.
For affected federal employees, understanding your legal rights and options is essential.
What Are the DOGE Layoffs?
DOGE stands for the Department of Government Efficiency, created by President Trump shortly after taking office in January 2025. Elon Musk is leading its effort to reduce federal spending by eliminating government jobs and spending the administration deems unnecessary.
Musk began reviewing federal agencies immediately after his appointment. A mass federal workforce reduction in force (RIF) followed, with the first major wave hitting on February 14, 2025 — a day some federal employees now call the “Valentine’s Day Massacre.”
The initial cuts primarily targeted probationary employees (federal workers with less than one year in their current positions). This category includes both new hires and recently promoted long-term employees who changed roles. According to government data, over 220,000 federal workers fell into this vulnerable category as of March 2025. The administration appeared to walk back this directive in early March 2025, but it is hard to know how long this will stick.
Your Rights as a Federal Employee
From the DOGE nuclear layoffs to the DOGE IRS layoffs, the administration’s actions have sent shockwaves across the workforce. However, federal employees still have rights. Federal workers’ protections vary based on your employment status. Career employees with more than one year of service have stronger protections under Civil Service laws than probationary workers.
If you believe your layoff violated procedures or was based on discrimination, you may have legal grounds to challenge it. The Merit Systems Protection Board (MSPB) handles appeals from career employees, while the Equal Employment Opportunity Commission (EEOC) addresses discrimination claims.
However, you must act quickly. Most MSPB appeals must be filed within 30 days of termination. Documentation of your performance and the circumstances of your dismissal will strengthen your case.
Several lawsuits are already challenging these layoffs. In February, a federal judge blocked terminations at the Consumer Financial Protection Bureau. Another court temporarily lifted funding freezes after legal challenges.
5 Legal Options for Federal Employees Facing DOGE Layoffs
1. Merit Systems Protection Board (MSPB)
The MSPB is an independent agency that protects federal employees from prohibited personnel practices. It serves as the primary appeals body for federal workers challenging removals or other serious actions.
If you completed your probationary period (typically one year), you may appeal a removal that violated procedures or lacked proper cause. The MSPB can order reinstatement and back pay if it finds your removal was improper.
The MSPB process begins with filing an appeal within 30 days of your removal. An administrative judge will review your case and may hold a hearing before issuing a decision, usually within 120 days. If you disagree with the decision, you can then petition for review by the full Board within 35 days of the date of the initial decision.
Success hinges on showing procedural violations or that the agency’s stated reason was pretextual or inadequate. Strong performance records are crucial evidence.
An attorney experienced in federal employment law can help you navigate complex MSPB procedures, develop legal arguments, gather evidence, and represent you at hearings. Whether you hire a lawyer or not, keep written records of any conversations about your job status and performance. Create a detailed log of emails, meetings, and discussions.
2. Federal EEOC Claim
Federal law protects employees from discrimination based on race, color, religion, sex, national origin, age (40+), disability, genetic information, and veteran status. The DOGE government layoffs cannot legally target these protected groups.
If you believe DOGE targeted you because of a protected characteristic, you may have a discrimination claim. For example, if layoffs disproportionately affected older workers or those with disabilities, this may indicate discrimination.
To file a discrimination claim, you must first contact an EEO counselor at your agency within 45 days of your termination. If informal counseling doesn’t resolve the issue, you can file a formal complaint with your agency. The agency investigates, after which you can request a hearing before an EEOC judge or an immediate agency decision.
Signs of discrimination include different treatment from similarly situated colleagues, suspicious timing, discriminatory comments, or statistical patterns showing adverse impact on protected groups.
Winning an EEOC complaint requires showing either direct evidence of bias or that the agency’s explanation for your removal is not credible.
3. Challenging Adverse Actions
Adverse actions in federal employment are disciplinary or performance-based actions against a federal worker, including suspensions, removals, or demotions.
If proper procedures weren’t followed in taking the adverse action against you or there wasn’t reasonable cause, you may have cause to sue. For example, if DOGE gives an agency a layoff quota and the agency uses this as cover to remove employees for retaliatory or discriminatory reasons while claiming efficiency, this could constitute an improper adverse action.
Critical documentation includes performance evaluations, awards, communications about your termination, witness statements, and any evidence that proper procedures weren’t followed. Additionally, gather documentation of similarly situated employees who were retained.
4. Office of Special Counsel (OSC)
The U.S. Office of Special Counsel is an independent federal agency that works to end government corruption and protect the Merit System Principles.
You can use Form OSC-14 to submit a complaint about prohibited personnel practices such as coercing political activity, nepotism, whistleblower retaliation, discrimination, or any violation of the Merit System Principles. If the OSC finds reasonable grounds to believe a prohibited personnel practice occurred, it can negotiate with your agency for corrective action or bring your case before the MSPB.
Make sure to keep thorough documentation of the prohibited practice; this will be crucial for the process.
5. Class Action Lawsuits
Several employee groups and unions have already filed class actions challenging aspects of the DOGE RIF. Class actions allow similarly situated employees to challenge systemic problems with the layoff process collectively — a powerful tool when individual challenges might be too expensive or time-consuming. Class actions can address widespread procedural violations, patterns of discrimination, or constitutional challenges to the DOGE implementation.
Benefits include shared legal costs, strength in numbers, and the potential for broader policy changes. Federal employee unions are coordinating some of these efforts, so contacting your union representative is a good starting point.
The National Treasury Employees Union (NTEU) and others have initiated class actions related to various aspects of the DOGE layoffs. These cases are moving through federal courts, with some already resulting in temporary restraining orders against certain terminations.
DOGE — Probationary Employees
As a probationary employee, you still have recourse:
- Probationary employees can challenge an RIF at the MSPB if they believe proper RIF procedures weren’t followed. This includes challenges to competitive area determinations, retention standing calculations, or bumping/retreat rights violations.
- You may file a complaint with the U.S. Office of Special Counsel (OSC) if you believe your termination was a prohibited personnel practice, such as whistleblower retaliation or discrimination based on political affiliation.
- You can file an EEO complaint if you believe discrimination was a factor in your termination.
Documentation of your performance, any protected activities, and the circumstances of your layoff will be crucial for any challenge.
DOGE Layoff FAQs
I’m a Probationary Employee. Can I Challenge My Doge Layoff?
Probationers have fewer protections, but you may still have options. In fact, the MSPB has stayed (paused) the DOGE firings of several probationary employees. You may file a complaint with the U.S. Office of Special Counsel (OSC) if you believe your termination was a prohibited personnel practice.
When Do I Need to File My MSPB Appeal?
You must file your MSPB appeal within 30 days of your effective termination date.
Will I Receive Severance Pay After Being Laid Off?
Most DOGE federal layoffs don’t include severance pay. Federal workers may receive payment for unused annual leave but not for sick leave. You should apply for unemployment benefits immediately in your state.
Do You Need Legal Help With DOGE Layoffs?
At The Law Office of Justin Schnitzer, we understand the devastating impact of DOGE layoffs on federal employees and their families. Please rest assured that even during an RIF, federal government employment law still applies. Our team specializes in helping federal workers during the most stressful moments of their careers.
Whether you’re a probationary employee, a career civil servant, or a veteran whose rights have been violated through these layoffs, our federal employment attorneys have the expertise to evaluate your case. We can help you navigate MSPB appeals, discrimination claims, and challenges to adverse actions.
Contact us today or call 202-964-4878 to schedule your initial consultation and learn more about how we can help you with your federal employment law matter.
Stay Updated on DOGE Layoffs
The DOGE situation changes daily — to stay updated, join our email newsletter.
