Facing a Reduction in Force (RIF) can be a daunting experience for any federal employee. However, you have rights and protections under the Office of Personnel Management (OPM) regulations. These regulations outline the procedures agencies must follow when conducting a RIF of competitive service employees in executive agencies. Here’s a summary of the key points of regulations for the federal workforce:
What is a RIF?
A RIF is a process that allows federal agencies to furlough employees for more than 30 days or to reassign, demote, or even separate employees. An agency can conduct a RIF for any number of reasons, including:
- Lack of work
- Shortage of funds
- Insufficient personnel ceiling
- Reorganization
- Exercise of reemployment or restoration rights
- Reclassification of a position due to an erosion of duties
How does an agency decide who to fire in a RIF?
When choosing employees for a RIF, agencies must prioritize factors such as tenure, veterans’ preference, length of service, and performance ratings. These factors play a significant role in determining which employees the agency retains and which they select for separation.
Agencies should compare employees within a designated “competitive area,” which is usually a geographic region where similar positions exist. This ensures a fair comparison amongst employees holding similar roles within the same region.
Does seniority matter in a RIF?
Senior employees may have the right to “bump” junior employees in lower-graded positions within the same competitive area if the senior employee’s position is being eliminated. This means that more experienced employees can displace less experienced ones to retain employment, even if it means accepting a lower-graded position.
Am I eligible for grade retention?
You may be eligible for grade retention if you served in a higher grade for a significant period before a RIF. Grade retention protection helps employees maintain their grade and pay level for a certain period even after being placed in a lower-graded position due to a RIF.
Does the agency have to give notice of a RIF?
Agencies must give affected employees 60 days’ advanced notice of a RIF. The notice must be in writing and include details about the selection process, potential reassignment opportunities, and any appeal rights. If the RIF was “unforeseeable,” an agency may seek OPM’s approval to shorten the notice period. However, the notice period is crucial to providing employees with time to prepare and seek alternative employment options.
Can the government use a RIF to shut down an agency?
Congress can shut down an agency. For example, in 1981, Congress passed the Omnibus Budget Reconciliation Act of 1981, which eliminated all funding for the Community Services Administration (“CSA”). The CSA notified employees that that all positions were abolished and that they would be separated pursuant to a RIF. See Certain Former CSA Emps. v. Dep’t of Health & Hum. Servs., 762 F.2d 978, 980 (Fed. Cir. 1985). The president cannot unilaterally abolish an agency through an executive order.
Can the government use a RIF to discriminate?
Federal law and regulations strictly prohibit agencies from using a RIF to engage in prohibited personnel practices, which include political coercion as well as discrimination and retaliation. An agency cannot consider protected characteristics like political affiliation, age, race, sex, or disability when conducting a RIF. Similarly, an agency cannot retaliate against employees who participated in protected activity, such as EEO or whistleblower complaints.
Do I need an employment lawyer?
Navigating the complexities of a RIF can be overwhelming, but you don’t have to face it alone. An employment attorney can assess the facts of your case, determine if there is a legal violation, and give you advice about how to challenge your termination. Alan Lescht and Associates, P.C., represents federal employees who have been affected by RIFs. We understand the intricacies of OPM regulations and are committed to offering efficient and cost-effective solutions tailored to your unique situation. If your agency removed, reassigned, or furloughed, contact us today to learn more about how we can help you achieve the best possible outcome during this challenging time.
