I’m Attorney Justin Schnitzer. Our commitment is to represent federal employees in cases of employment violations just as we would want to be represented, all with the aim of achieving decisive victories.
Do You Need a Schedule F Lawyer?
If you believe you are being pushed out of your federal career — or already have been — due to Schedule F, Attorney Justin Schnitzer is here to help you. Call our team at 202-964-4878 today for your free consultation. We serve federal employees nationwide.
The Schedule F lawyers at The Law Office of Justin Schnitzer help federal workers understand and defend their civil service protections. Call us today at 202-964-4878 for a free, no-commitment consultation.
Schedule F threatens to strip workplace protections from tens or hundreds of thousands of federal employees. President Trump has made reimplementing Schedule F a key part of his Day One agenda through Project 2025 and Agenda 47.
If you work in policy or advisory roles, you may be vulnerable to reclassification. The previous Schedule F order targeted up to 50,000 competitive service positions for conversion to at-will employment, but a new Schedule F may be even more broad.
However, federal employment law provides several layers of protection, and we’re here to guide you through this uncertain, alarming time.
Who Could Be Affected By Schedule F?
Schedule F targets a specific type of federal employee: those who shape and guide agency policy decisions. The 2020 executive order defined this as workers in “confidential, policy-determining, policymaking, or policy-advocating” roles.
Your risk level depends on your core job duties. You might face reclassification if you:
- Shape how your agency carries out its mission
- Give confidential advice to senior leadership
- Make key decisions about agency programs
- Hold significant influence over policy direction
In theory, Schedule F would not affect employees who:
- Apply existing policies to do their jobs
- Process forms or applications
- Provide direct services to the public
- Maintain facilities or equipment
- Support administrative functions
The scope of a new Schedule F remains unclear. The original order’s broad language could have affected anywhere from 50,000 to hundreds of thousands of positions. Contact a federal employment lawyer to understand your specific risks and options.
How Can a Schedule F Lawyer Help Protect My Career?
Understanding Schedule F’s impact on your federal career requires expert legal guidance. With the Department of Government Efficiency (DOGE) targeting civil service protections, having an experienced federal employment lawyer can make the difference in preserving your rights.
Here are the critical ways our Schedule F defense team helps protect federal workers like you:
- Challenge improper reclassification attempts through Merit Systems Protection Board appeals and federal court actions.
- File complaints with the Office of Special Counsel if political pressure leads to prohibited personnel practices.
- Represent you in administrative proceedings if your agency attempts involuntary conversion to Schedule F status.
- Navigate reasonable accommodation requests if you need telework or other flexibility that DOGE might target.
- Ensure your union rights are protected during any workplace changes or reorganizations.
- Handle communications with agency HR and legal departments about your employment status.
- Fight retaliatory actions if you face pressure over Schedule F resistance.
- Track developments in Schedule F implementation, including Trump’s Day One executive orders, DOGE initiatives under Elon Musk, and congressional actions like H.R. 1002 (Saving the Civil Service Act).
- Review your position description and duties to determine your vulnerability to Schedule F reclassification based on policy or advisory roles.
- Document your current competitive service status and protections under the Civil Service Reform Act and Biden administration’s 2024 safeguards.
Having an expert Schedule F lawyer lets you focus on your work while we handle the legal complexities. Contact us to discuss protecting your career as these changes unfold.
What are the Legal Challenges to Schedule F?
Any attempt to bring back Schedule F faces serious legal hurdles. The Biden administration built defenses through new Office of Personnel Management (OPM) regulations in April 2024.
Changing these regulations requires following the Administrative Procedure Act. This means public notice, comment periods, and formal rulemaking — a process that takes 6-12 months or more. Legal challenges would start immediately.
Federal employee unions would likely seek court orders blocking Schedule F while cases proceed, and courts have granted such injunctions before in similar situations. The Merit Systems Protection Board provides another avenue for challenges.
Several key legal arguments exist against Schedule F:
- It violates the Civil Service Reform Act’s merit system principles
- It exceeds presidential authority over independent agencies
- It breaks existing union contracts without proper bargaining
- It discriminates against career employees based on political views
Agencies trying to convert positions would need to prove each job truly involves policy work. They must document why civil service protections should not apply. Previous attempts show this burden is harder than it seems.
Additionally, courts move slowly. Even if Schedule F survives legal challenges, implementation could take years. During this time, existing civil service protections remain in force.
Independent Agencies vs. Executive Agencies: Why It Matters
Unlike executive agencies, independent agencies don’t report directly to the president. Congress created them this way on purpose, and the Supreme Court has confirmed this structure in the past. The president can’t fire these agencies’ leaders just for disagreeing with White House policies.
This protection extends to agency operations, with a president not able to simply order independent agencies to:
- Break existing contracts and agreements
- Change core personnel policies
- Ignore their statutory independence
- Override established procedures
The Social Security Administration (SSA) serves as a prime example. Its Commissioner serves a six-year term, a term that often spans presidential administrations, and the agency makes its own personnel decisions based on merit system principles, not political pressure.
Some, but not all, of the other independent agencies include:
- Federal Reserve
- Securities and Exchange Commission
- Federal Trade Commission
- National Labor Relations Board
- Federal Communications Commission
While executive agencies also have protections against Schedule F, independent agencies have an extra layer of protection.
Frequently Asked Questions About Schedule F and DOGE
Can Trump Really Fire Federal Workers Who Don’t Return to Office?
It’s not as easy as he and Elon Musk might hope. Federal employees have legal protections against arbitrary dismissal, agencies must follow specific procedures to change work arrangements or remove employees, and courts can block improper actions. Union contracts also protect many telework rights.
What Happens to My Retirement If I’m Converted to Schedule F?
Your earned retirement benefits stay protected, but Schedule F could affect future benefits if you leave federal service rather than accept conversion.
Do I Lose My Union Rights Under Schedule F?
Trump’s first Schedule F instructed the Federal Labor Relations Authority (FLRA) to look into whether Schedule F employees should be removed from their bargaining units, which would make them ineligible for membership in most federal unions.
How Quickly Could Schedule F Take Effect?
Schedule F would not happen overnight. New regulations would take 6-12 months minimum, legal challenges would likely freeze any changes during court review, and agencies would need months to review positions and document conversions.
What If My Agency Says My Position Is “Policy-Related”?
Get legal help before accepting any changes. The definition of “policy work” isn’t clear, and many positions that touch policy don’t qualify for Schedule F. We can review your position description and duties to assess your risk.
Can Schedule F Affect My Pay and Benefits?
Yes. Schedule F positions would not have the same pay protection as competitive service jobs. Agencies could change pay scales and benefits more easily for these positions, so it’s critical to challenges such changes.
Does Schedule F Affect Excepted Service Employees and Contractors?
No, Schedule F does not apply to excepted service employees and contractors because, unfortunately, they already lack the protections that Schedule F would remove.
Do You Need to Hire a Schedule F Lawyer “Near Me?”
No, you don’t need to hire a Schedule F lawyer “near me” and can instead search for the best attorney for your case. We work with federal employees across the country.
Talk to a Schedule F Lawyer Today
Facing uncertainty about Schedule F and DOGE changes can feel overwhelming. We understand that protecting your federal career is about more than legal battles — it’s about your family’s future and financial security — now and in your retirement.
The federal employment lawyers at The Law Office of Justin Schnitzer provide skilled, personalized representation to government workers nationwide. Get in touch today or call us at 202-964-4878 for your free consultation and learn how we can help defend your civil service protections.