The National Science Foundation has been headquartered in Alexandria since 2017, and its workforce mixes permanent federal staff with scientists and educators who rotate in from universities for a few years at a time. That mix means two people in the same office can have very different protections. Anyone researching Virginia federal employee law for an NSF job should begin by confirming how they were hired. Below are five things NSF employees should know about their rights, followed by five law firms that represent federal employees.
What should NSF employees know about their rights?
1. Are you a federal employee or a rotator on assignment?
It makes a real difference. Permanent NSF staff are federal employees with standard civil service protections. Many program directors are rotators. Some hold temporary federal appointments, while others serve under the Intergovernmental Personnel Act, which lets universities lend employees to federal agencies. IPA assignees generally remain employees of their home institution, so they do not have federal appeal rights against NSF, though federal ethics rules still apply to them. Check your SF-50 or assignment agreement to see which category you are in.
2. What rights do you have during a reorganization or RIF?
NSF announced significant restructuring in 2025, and any reduction in force, or RIF, must follow OPM rules at 5 C.F.R. Part 351. Employees on temporary appointments are generally released before permanent staff. Permanent employees are entitled to at least 60 days of specific written notice, may have rights to move into other positions, and can generally appeal a RIF separation or demotion to the Merit Systems Protection Board within 30 days. OPM’s career transition programs can also give displaced employees priority for vacancies.
3. Are you protected if you follow an ethics official’s advice?
Yes. NSF staff oversee grants and often have ties to universities and research organizations, so conflict-of-interest questions come up often. Under 5 C.F.R. § 2635.107, an employee who acts in good faith on the advice of an agency ethics official, after fully disclosing the relevant facts, generally will not be disciplined for violating the ethics rules. Ask for advice in writing before you act, and keep a copy.
4. Are you protected if you report misconduct in grant oversight?
Yes. The Whistleblower Protection Act protects federal employees who disclose violations of law, gross mismanagement, gross waste of funds, abuse of authority, or substantial dangers to public health or safety. Concerns about grant fraud or improper awards can also be reported to NSF’s Office of Inspector General. Retaliation complaints go to the Office of Special Counsel.
5. How are you protected from discrimination?
Title VII, the Age Discrimination in Employment Act, and the Rehabilitation Act all apply to NSF employees. You must contact an EEO counselor within 45 days of the discriminatory act, or within 45 days of the effective date of a personnel action. The Rehabilitation Act also requires reasonable accommodation for qualified employees with disabilities, and telework can still be an accommodation after the 2025 directive returning most federal employees to the office.
Which law firms help NSF employees?
- The Mundaca Law Firm
- Burke Law
- Old Towne Associates
- Zuckerman Law
- National Security Law Firm
1. The Mundaca Law Firm: Virginia Federal Employee Law
The Mundaca Law Firm is led by Francisco E. Mundaca, Esq., Founding Partner, with a Virginia office at 8000 Towers Crescent Drive, Suite 1350-1338, in Tysons. The firm represents federal employees from agencies across Virginia, including the Department of Defense, the Department of Homeland Security, the Department of Veterans Affairs, and intelligence, civilian, and military branches.
Its federal practice covers MSPB appeals of removals and other adverse employment decisions, EEO discrimination and retaliation complaints, whistleblower retaliation complaints before the Office of Special Counsel, responses to proposed disciplinary actions and investigations, and security clearance defense. The firm also negotiates settlements and litigates when necessary. Consultations are confidential.
2. Burke Law
An Alexandria, Virginia firm whose practice includes security clearance matters.
3. Old Towne Associates
An Alexandria, Virginia firm whose practice includes employment law.
4. Zuckerman Law
A firm whose practice includes whistleblower matters.
5. National Security Law Firm
A Washington, D.C. firm whose practice includes national security and security clearance matters.
Where should NSF employees start?
Confirm your appointment or assignment type first, because it decides which protections apply to you. Keep copies of SF-50s, ethics advice, performance records, and any reports you have made about grant oversight. During a reorganization, read every notice closely and register for placement programs early. If you work at NSF and are facing a RIF, discipline, discrimination, or retaliation, an attorney who focuses on Virginia federal employee law can help you understand your rights and meet each deadline.
This article provides general information and is not legal advice. Reading it does not create an attorney-client relationship.