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As a federal employee, it is more important than ever to make sure you know how the law protects you. This is especially true if you are facing a reduction in force (RIF). While federal employees are entitled to strong job protections, federal agencies can eliminate positions through RIFs—and, in these cases, there may be little (if anything) employees can do to protect their jobs.
With that said, when conducting RIFs, federal agencies need to follow strict rules. If they fail to follow these rules, this can provide federal employees with grounds to take legal action. In this scenario, you may be able to hire a Maryland federal employment attorney to help protect (or restore) your job—or seek other remedies—so you will want to make sure you know what options you have available.
Understanding the Rules that Govern Federal Reductions in Force (RIFs)
If your federal job is at risk, understanding your legal options starts with understanding the rules that govern federal reductions in force (RIFs). Here is an overview of what you need to know:
When Federal Layoffs Constitute a Federal Reduction in Force (RIF)
The first thing you need to know is when federal layoffs constitute a federal reduction in force (RIF). If your federal job is at risk under circumstances that do not involve a RIF, an entirely different set of practical and legal considerations will apply.
As the Office of Personnel Management (OPM) explains, “[a]n agency is required to use the RIF procedures when an employee is faced with separation or downgrading for a reason such as reorganization, lack of work, shortage of funds, insufficient personnel ceiling, or the exercise of certain reemployment or restoration rights.” While RIFs often involve mass layoffs, a mass layoff is not a requirement for a separation to constitute a reduction in force. Since a RIF doesn’t have a precise definition under the OPM’s regulations, understanding when you are facing a RIF isn’t necessarily straightforward, and, in some cases, federal agencies will try to structure separations so that they don’t have to comply with the OPM’s mandatory RIF procedures.
Avoiding RIF Compliance Through Employee Reassignments
One way that federal agencies may seek to avoid RIF compliance while still complying with mandates to shift their focus or reduce their costs is through reassignment rather than separation. As the OPM also explains, federal agencies “ha[ve] the right to avoid a RIF action by simply reassigning an employee to a vacant position at the same grade or pay without regard to the employee’s rights under the RIF regulations.”
If you are eligible for reassignment and your federal agency chooses to reassign you instead of terminating your employment, you will need to be careful to ensure that you continue to meet your obligations as a federal employee. Even if you are dissatisfied with your reassignment, this is not a justification for abstention, poor performance, or misconduct. If you provide your employer with grounds to suspend or terminate your employment, the federal RIF protections will not apply in this scenario, either.
Conducting a RIF: 60 Days’ Advance Notice is Required (In Most Cases)
When a federal agency intends to conduct a reduction in force, the general rule is that it must provide 60 days’ advance notice to affected employees. This notice must be in writing and explain the selection process (more on this below) as well as employees’ rights regarding reassignments and appeals.
However, there is one major exception: Federal agencies are not required to provide 60 days’ advance notice of a reduction in force if the RIF was “unforeseeable.” In this scenario, agencies can seek approval from the OPM to conduct their RIFs on a shorter timescale.
Conducting a RIF: Selecting the Federal Employees Who Will Lose Their Jobs
When conducting RIFs, federal agencies cannot simply choose who they want to terminate. Under the OPM’s regulations, they must follow a selection process that takes into account the following four “retention factors”:
- Employment tenure
- Veterans’ preference
- Total creditable federal service
- Performance ratings
Another key part of the RIF process under the OPM’s regulations is determining the “competitive area” covered by the RIF as well as the “competitive levels” that are subject to separation.
All of these are subject to specific (and extensive) requirements—and federal agencies must meet all of these requirements in order to conduct a federally compliant RIF. If a RIF is not federally compliant, this can provide affected employees with grounds to take legal action.
Conducting a RIF: Discrimination is Flatly Prohibited
While many aspects of the federal RIF process are complex, there is one aspect that is extremely straightforward: Discrimination is flatly prohibited. Federal agencies cannot choose the employees who will lose their jobs in a RIF on a discriminatory basis—even if their choices ostensibly take into account the retention factors referenced above. If you believe that you have been singled out for separation during a RIF based on a protected characteristic, you should consult with a Maryland federal employment attorney right away.
Asserting Your Legal Rights During (or After) a Federal Reduction in Force
While understanding your legal rights during a federal reduction in force can be challenging, it is also extremely important. Improper RIFs are not uncommon. If a federal agency has violated your legal rights, there are avenues you can—and should—pursue to seek justice, and an experienced Maryland federal employment attorney will be able to help you assert your legal rights effectively.
Contact an Experienced Maryland Federal Employment Attorney at The Law Firm of J.W. Stafford
Have you lost your job (or are you at risk of losing your job) in a federal reduction in force (RIF)? If so, our attorneys can help you understand your legal rights and the options available to you. To speak with an experienced Maryland federal employment attorney at The Law Firm of J.W. Stafford in confidence, give us a call at 410-514-6099 or tell us how we can help online today.