Question
I’m a federal employee. The mass firings have shaken all of us up. I’m trying to keep my head down and just do my job but it’s nerve-racking. “You have just days to decide to quit and take a buyout with guaranteed pay until September” followed by “Well, there may be no budget to pay you” or “Come back to work, we didn’t mean you.” It’s all a cluster-f*ck! My boss and his boss have convened several phone calls and Zooms and I can’t believe the mixed messages! Our union is on this but I’m wondering if you have any advice on how I could protect myself.
Nick’s Reply
Now that is a tall order! I don’t pretend to be an expert in federal jobs, but here goes.
This newsletter steers clear of politics. But then again, Ask The Headhunter frequently goes head-to-head with HR — and this is probably the biggest HR cluster-f*ck we’ve ever seen.
HR everywhere can and must learn from this.
Where’s the HR management?
The question is, what constitutes HR in this management catastrophe? Is it Elon Musk? Is it the President? Is it DOGE? The Office of Personnel Management? Does each federal agency have its own HR? Who is authorized to make HR decisions about who gets fired, how it’s done, who is “government waste,” who decides what a severance package is, etc.?
Then we have what you refer to as mixed messages — or what I call the incompetency of people that are running the joint without (pardon me) HR skills, credentials or common sense.
Everyday there are multiple “HR policy” flip-flops coming out of D.C. — though there is no indication this has anything to do with policy, and everything to do with running roughshod over millions of employees without any objectively defined justification or reason. Elon Musk (I love his cars but wouldn’t want him anywhere near my company) may be brilliant in many ways, but managing employees isn’t his strong suit! Evidence of this is in his corn pone orders that read like the beta of a first-gen AI bot wrote them. They’re obviously written by a neophyte to government who is blissfully naïve about the law.
Where is the legal compliance?
Even if every single federal employee was an example of wasteful spending, the law still doesn’t support the ham-fisted actions Musk and his DOGE are taking. Even some of the worst HR departments in the commercial sector have proper procedures for laying off workers, and rarely does it happen so quickly and without due process.
You know how critical I am of HR, but this is a perfect example where someone with an ounce of HR acumen would be welcome — at least to do what most HR execs do, and that’s to worry about compliance with the law.
So we must look at the top-most federal executive in HR, the Acting Director of the U.S. Office of Personnel Management, Charles Ezell, who goes by “Chuck E.” on LinkedIn, a conceit that I’m guessing would get him ghosted more often than not if he were job hunting. And, ahem, 2,059 followers? Really?
As evidenced by his public profile, Chuck E. is all data architect and data jockey — with zero HR cred. There is no mention of HR in any of his skills lists. (He does have lots of keywords, but none in HR.) But why would the top federal HR dog cede key HR functions to Elon Musk? (Maybe because the DOGE pen is all data jockeys, too?)
I could be ranting about any inept, unqualified HR exec but I’m focused on this one because you asked. And, to quote my sainted mother-in-law, I’m impressed. But not favorably.
Prepare for legal action
So what can you do to protect yourself? While a federal job is different from a commercial one, there are still rules and many of the most important ones cross over. This is why the federal government is being sued six ways from Sunday by employees and unions, and it’s why you should gather legal evidence against your employer if you’re caught in this mess. (Please see The 6 Gotchas of Goodbye.)
In case you will need to file legal action, keep a diary of events including dates and times. Save all documentation including e-mails and social media posts.
Then there’s the advice of my good buddy, powerhouse employment attorney Mark Carey, whose clients are all employees, never employers. Coincidentally, Mark just published a podcast titled The Power of Recording Your Boss. Though it may be a bit repetitive, it offers some gold nuggets you can’t afford to miss.
Press RECORD
If you are in a one-party consent state, record phone calls and conversations related to your potential termination and/or to inconsistencies between your organization’s published “code of conduct” and its own behavior.
Such recordings are admissible in court and, according to Mark, can make an employee’s case: “When you record something like this… it’s a direct statement made by an employer as an admission of fact… it’s an admission against interest by an employer… it’s called smoking gun evidence and you can use it.”
One-party consent means it’s legal in your state to record a conversation between two or more people as long as just one party to the conversation (usually just you) is aware it’s being recorded. (This includes Zooms — use an off-camera recorder.) Check this list of one-party consent states; note that District of Columbia is on it. Mark Carey’s podcast provides more information about when you can and can’t record legally.
Use your phone
I’m not a lawyer and this is not legal advice. If your federal job (or any job) is at risk, and if you’re in the middle of being suddenly fired for no reasons related to performance, then this is indeed a cluster-f*ck. Prepare for possible litigation. You’re not powerless in the face of the most powerful people in the world. It may be that your own most powerful weapon to protect your job and career is your phone — just press RECORD.
Are you a federal employee? Did you get fired from a federal agency by DOGE without due process? Did your agency’s HR meet with you to discuss your job? No? What are you doing about it? Have you made any recordings to use in court?
NOTE: I’d like to hear from folks in the HR community, too. What do you say about all this?
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