Federal Employment Law: Key Takeaways from Attorney Steve Lewicky

In this recent interview, attorney Steve Lewicky joins Brian Kuhn, Certified Financial Planner at Wealth Enhancement Group, to discuss the latest developments in federal employment law. From court rulings that impact thousands of probationary federal employees to the implications for government contractors facing early termination, this conversation is packed with insights for federal workers navigating uncertain times. Watch the full video below and read on for a detailed summary of the key takeaways.

Watch the full interview on YouTube

Federal Employment Law: Key Takeaways from Attorney Steve Lewicky

About the Speaker

Steve Lewicky is an attorney in Maryland focusing on business law, litigation, and federal employment matters. His firm, located in Howard County, Maryland, regularly advises government employees and contractors on their legal rights.

What’s Happening Right Now in Federal Employment Law?

According to Lewicky, his firm is fielding an influx of calls from both current and former government employees, as well as federal contractors, in light of recent developments. Two major federal court cases—one in Maryland and another in the Northern District of California—have resulted in temporary restraining orders preventing the mass termination of probationary federal employees.

The Maryland Case: A Turning Point

The Maryland recently ruled that the government cannot terminate large numbers of probationary employees without due process—specifically, without providing a performance-related reason or advance notice. Thousands of employees have received notices placing them on administrative leave or informing them of termination, but the court issued an emergency injunction due to the procedures that were employed.

The court ordered that employees be reinstated immediately, and the government was required to submit a written status report confirming compliance.

Can the Government Still Lay Off Federal Employees?

Yes, but only if proper procedures are followed.

Unlike private-sector employment—which is generally “at-will”—federal employment involves more protections. Government employees cannot be terminated arbitrarily, and different rules apply depending on whether someone is a probationary employee or not.

• Probationary Employees: Limited appeal rights. The probationary period may last 1–2 years and can apply to new positions even if the person has served in government for years.
• Non-Probationary Employees: Protected by the Merit Systems Protection Board (MSPB), which allows them to appeal terminations, request reinstatement, back pay, and in some cases, attorney’s fees.

Lewicky emphasized that even probationary employees have some appeal rights, and recent rulings show that courts are scrutinizing how terminations are being handled.

Reduction in Force (RIF): Another Legal Consideration

The government may conduct a reduction in force for budgetary or organizational reasons, but there are also strict rules:

• Advance notice must be given.
• Affected employees must be informed of job placement options.
• In some cases, states must be notified to offer support to displaced workers.

Again, Lewicky stressed that while RIFs are legal, failing to follow the proper process can make the actions unlawful.

What About Federal Contractors and Subcontractors?

Federal contractors are also facing increased uncertainty. While every contract is different, most contain a “termination for convenience” clause allowing the government to end the contract at any time—even if performance has been adequate.

However, when this happens:

• Contractors must cease work immediately.
• Contractors must document all costs associated with the wind-down.
• The government must compensate for incurred costs and unpaid work completed.

Lewicky noted that contractors should seek legal counsel immediately upon receiving a termination notice due to the complex and strict timeline involved in appealing or negotiating a fair settlement.

Legal Support and Consultations

Steve Lewicky’s firm offers initial consultations, either via Zoom or in person, to help federal employees and contractors understand their rights and options. They’re currently speaking with a high volume of individuals affected by these changes and are available to assist with legal strategy and appeals.

Conclusion

If you’re a federal employee or government contractor navigating recent changes, it’s more important than ever to understand your rights and the proper legal procedures. These recent court rulings show that the government must follow specific rules, even in times of large-scale employment changes. Whether you’re facing termination, administrative leave, or contract wind-down, speaking with an experienced federal employment attorney can help protect your interests.