Reduction in Force (RIF) Lawyers Fighting For You in the Trump Era

A Reduction in Force (RIF) occurs when a federal agency decides to abolish one or more positions of employment. Traditionally, RIFs were governed by strict Office of Personnel Management (OPM) regulations under the purview of the Merit Systems Protection Board, ensuring that affected employees had clear rights and protections before, during, and after the process.

However, under President Trump and the Department of Government Efficiency (DOGE), the process has been implemented very differently. Executive orders from the Trump administration have given DOGE teams increased discretion over federal layoffs. In many cases, agencies have bypassed traditional OPM procedures and implemented mass RIF layoffs with highly questionable legal justification.

If you are a federal employee in an agency going through or about to go through a Reduction In Force, we have provided general information below about your rights, benefits and entitlements. Please keep in mind this information is general in nature and many of the rights and procedures traditionally afforded to government employees are now under attack: we strongly encourage you to consult with one of our federal employment attorneys to get information specific to your unique situation. At Leitner Varughese Warywoda Law we have been defending federal employees during RIF procedures for years – we are here to fight for you!

Can You Appeal or Challenge a RIF?

Yes! Individual agencies, the OPM, and the MSPB are still responsible for conducting RIFs properly, reviewing RIF-related appeals, and ensuring the rights of federal workers are not trampled upon, but recent changes under the Trump administration and DOGE have made the process more complex:

1. Agency Backlogs: The high volume of RIF-related appeals has caused delays, and some cases may take significantly longer to resolve.
2. Limited Oversight: With DOGE managing federal workforce reductions, some traditional checks and balances in RIF processes have weakened. The legality of these changes are currently being challenged in federal court.
3. Agency Discretion: Certain agencies have been granted increased authority to conduct RIFs without the same level of OPM or MSPB intervention. The legality of these changes are also highly questionable and are being challenged in federal court.

If you are affected by a RIF, it is critical to act quickly. You may have legal grounds to challenge a wrongful layoff if your agency failed to follow federal RIF regulations. Our federal employment attorneys can evaluate your case and help you pursue reinstatement, back pay, or other legal remedies.

Understanding A Reduction In Force (RIF) under Trump

Federal agencies have long used Reduction in Force (RIF) procedures to lay off or downgrade employees due to:

1. Budget shortfalls or funding reductions
2. Decreased workload
3. Agency downsizing or restructuring
4. Legally mandated personnel cuts

However, under the Department of Government Efficiency (DOGE), federal RIFs have changed significantly. Executive orders have given DOGE greater authority over workforce reductions, and some agencies are now implementing RIFs more aggressively than in previous years. Many employees are facing mass layoffs with less transparency and fewer opportunities for reassignment or appeal.

What Rights Do Federal Employees Have During a RIF?

While agencies must still follow federal RIF guidelines, recent workforce reductions have raised legal concerns about how layoffs are conducted. Employees may have rights to:

✅ Placement in another position within the agency, depending on job availability and qualifications
✅ Reemployment priority if the agency later hires for a similar position
✅ Legal challenges if the RIF was not conducted according to federal guidelines

If your agency did not properly follow RIF rules, you may be entitled to reinstatement, back pay, or other legal remedies. The DOGE-led restructuring has made the RIF process more unpredictable, so it is essential to seek legal guidance if you believe your rights were violated. Our federal employment attorneys can help you evaluate your case and take action.

How Does An Agency Determine Which Employees To Terminate?

Under federal law, agencies have broad discretion in deciding when and how to implement a Reduction in Force (RIF). They determine:

• If a RIF is necessary
• Which positions will be eliminated
• Whether budget cuts can be made through other means
• The timing and scope of layoffs

However, recent changes under the Department of Government Efficiency (DOGE) have disrupted traditional RIF procedures. While agencies were once required to follow strict OPM guidelines, many agencies are now streamlining the process, reducing oversight, and accelerating layoffs.

Key Factors in RIF Decisions

Federal regulations still require agencies to consider specific retention rules when determining who will be affected. However, DOGE-led layoffs have raised concerns about whether these rules are being consistently followed.

1️⃣ Competitive Area
Employees must be grouped within a designated Competitive Area, which outlines the geographical and organizational limits for RIF competition. If your agency failed to properly define or follow Competitive Area rules, you may have grounds for an appeal to the MSPB.

2️⃣ Local Commuting Area
Agencies must also define a Local Commuting Area that generally includes a central population area where employees live and work. However, there have been reports that agencies have expanded or redefined commuting areas to justify terminations. If your agency improperly reclassified your commuting area, you may have a case for challenging your layoff.

3️⃣ Competitive Levels
Employees within the same grade, classification series, and job functions are grouped into Competitive Levels. Traditionally, agencies were required to follow precise OPM guidelines when defining these levels, but recent RIFs have seen looser interpretations that could unfairly impact employees.

How Are Employees Ranked for Layoffs?

Once employees are grouped into Competitive Levels, agencies must rank them using a Retention Register, which determines who will be laid off first. Traditionally, federal RIF rules required agencies to rank employees based on four key retention factors:

✅ Tenure of Employment – Permanent employees are ranked above temporary or probationary employees.
✅ Veteran’s Status – Veterans with preference eligibility are ranked higher.
✅ Length of Service – Employees with longer federal service receive priority.
✅ Performance Ratings – Employees with higher past performance ratings are ranked higher.

However, under DOGE-driven workforce reductions, many agencies have altered how they apply these ranking factors. Reports suggest that employees have been laid off despite strong performance ratings and seniority.

• Weaker Protections for Tenured Employees: While tenure remains a key factor, DOGE-backed layoffs have prioritized agency-wide restructuring over individual protections.
• Veteran Preference Concerns: Some reports indicate veteran preference rules have been inconsistently applied in certain agencies.
• Accelerated Layoff Decisions: Employees have received little advance notice before terminations, limiting their ability to challenge incorrect rankings.

If your agency did not properly rank employees according to federal RIF guidelines, you may have grounds for an appeal to the MSPB. Challenging a wrongful ranking could lead to reinstatement, back pay, or a reevaluation of your termination.

If you suspect your agency did not follow proper RIF procedures, contact our federal employment attorneys today for a case evaluation. We can help determine if you qualify for reinstatement, back pay, or legal action against wrongful termination.

Who Can Appeal a RIF?

A federal employee generally does not have the right to appeal a RIF if:

• The federal employee is part of a bargaining unit covered by a negotiated grievance procedure.
• The federal employee voluntarily accepts another position as part of a RIF.
• The employee works for a government contractor, who generally do not have the right to appeal a RIF.

A federal employee generally does have the right to appeal a RIF to the MSPB in the case of a termination, downgrading, or furlough which lasts more than 30 calendar days or 22 discontinuous workdays (a furlough of less than 30 days would be considered an adverse action as opposed to a RIF).

Abolishing an employment position does not always trigger the use of RIF procedures. For instance, an agency can avoid RIF actions by reassigning an employee to a vacant position (at the same pay grade or pay).

What Remedies Do Federal Employees Affected By A RIF Receive?

If you were terminated because of a Reduction In Force, you may be entitled to several benefits including but not limited to:

• Severance pay
• Benefits
• Unemployment compensation
• Unused annual leave
• Unused sick leave
• Health benefits under FEHBP
• Life insurance under FEGLI Life Insurance
• Immediate annuity (CSRS)
• Rights to withdrawal under a Thrift Savings Plan
• Retirement Benefits (if eligible)
• Priority reemployment rights (see below)
• and more.

Did You Get Every Benefit?

Did you get every benefit to which you are entitled? Was your Severance Pay calculated properly?

If you received a downgrade because of a Reduction In Force, you may qualify for priority consideration for promotions to positions up to your former grade level. Were you offered these?

Keep in mind, in addition to RIF regulations which determine whether an employee may keep their current position, all federal agencies must also determine if an employee has a right to a different position. Did your federal agency adhere to these regulations?

Additional federal employee rights during a RIF include:

• In many circumstances if an employee receives a demotion during the RIF process, they may be eligible to retain the higher pay rate of their previous position.
• If a position undergoes a geographic move as a result of a Reduction In Force, federal employees have the right to transfer with their functions. If this is not feasible, the employee may qualify for a discontinued service retirement, a special retirement supplement, and continuation of FEHB coverage.
• Many employees facing a RIF choose to voluntarily accept a demotion. In this case regulations allow for preserving your pay for at least two years.

Finally, you may have “bump” or “retreat” rights. Bumping means displacing an employee in a different competitive level who is in a lower tenure group or subgroup. Retreating means displacing an employee in a different competitive level with less service within the released employee’s own tenure group and subgroup. If you did not get either of these opportunities, you may have a case for appeal to the MSPB.

What Reemployment Rights Do Employees Affected By A RIF Have?

After a Reduction in Force (RIF), federal employees may have priority reemployment rights through a Reemployment Priority List (RPL). This program is designed to give qualified displaced employees priority for job openings in their former agencies before external candidates are considered.

How Does the RPL Work?

✅ Agencies must place eligible former employees on the RPL if they meet the qualifications for an open position.
✅ Employees must apply for the RPL before their RIF separation date to secure their reemployment priority rights.
✅ Agencies cannot bypass RPL candidates for new hires without proper justification.

Challenges to Reemployment Under DOGE-Led RIFs

Under the Department of Government Efficiency (DOGE), recent mass layoffs have led to tens of thousands of displaced federal employees. However, reports suggest that:
🚩 Some agencies have failed to notify employees of their RPL rights before terminating them.
🚩 RPL applications have been delayed or denied without clear explanations.
🚩 Certain agencies have been slow to fill vacancies, limiting opportunities for rehiring former employees.

If your agency did not follow proper RPL procedures or failed to offer you priority consideration for an open position, you may have grounds to appeal.

Important Practical Details

If you are subject to a RIF, you may be able to use your accumulated annual leave to stay on your agency’s rolls past the RIF effective date. This is particularly helpful if it would get you to your first retirement eligibility date or FEHB carryover eligibility.

Employees can appeal a RIF for a host of reasons. However, the most common is if a federal agency did not follow proper guidelines during the RIF or in reemployment.

An agency may not disobey RIF regulations to separate or demote an employee for personnel reasons. These include alleged poor conduct or performance. Do you think you might have been terminated for a reason other than the stated RIF goal?

An agency cannot use an RIF to unjustly terminate specific employees. It cannot use a RIF action to remove employees based on age, race, gender, or any another ulterior motive. If you think you were improperly removed as part of a RIF, we strongly recommend you consult with one of our attorneys. Federal employees who are successful in the appeal of their RIF decision may receive reinstatement, backpay, and other benefits.

What If Your Agency Offers A VSIP?

In some instances, federal agencies may offer employees a Voluntary Separation Incentive Payment, or VSIP. This takes the form of a cash payment of up to $25,000, and often also includes Voluntary Early Retirement offers. If you have been offered a VSIP, we strongly recommend you consult with one of our federal employee attorneys. We can guide you through a host of important considerations. Some of the factors you should contemplate before accepting a VSIP are:

• VSIPs are subject to taxation, so be sure to calculate the actual take-home benefit of the VSIP offer.
• By accepting a VSIP, you cannot return to federal employment for at least 5 years unless you return the pre-tax VSIP payment in full.
• By accepting a VSIP, you must leave on or before a specified date.

Voluntary Early Retirement

The Voluntary Early Retirement Authority, or VERA, permits federal employees to retire at age 50 with 20 years of service. Or they can retire at any age with 25 years of service. However, before accepting voluntary early retirement, be careful — you may still see reduced benefits.

What Can You Do Before and During a RIF?

If your agency is undergoing a Reduction in Force (RIF), it is critical to have strong legal representation to protect your rights at every stage of the process.

✅ Know Your Rights: Understanding how agencies determine layoffs can help you prepare and identify potential violations.
✅ Document Everything: Keep copies of notices, performance reviews, and any communication related to your termination.
✅ Verify Your Ranking: Ensure your agency correctly placed you in the Retention Register and did not use unlawful factors in their decision.
✅ Seek Reassignment: If possible, request placement in another available position to avoid unnecessary separation.

Legal Issues That May Lead to a Successful Appeal

If your agency did not follow federal RIF guidelines, you may be able to appeal to your agency, the OPM, MSPB, or EEOC. Common legal violations include:
🚩 Failure to Properly Rank Employees – Your agency incorrectly placed employees on the Retention Register, leading to unfair layoffs.
🚩 Discriminatory Layoffs – If race, gender, sexuality, age, veteran status, or other unlawful factors influenced your termination, you may have a discrimination claim.
🚩 Reemployment Rights Violations – If your agency denied you priority hiring rights or failed to notify you of your reemployment options, you may have legal grounds to challenge their decision.

How Long Do You Have to File an Appeal?

⚠️ Time is limited – In most cases, you must file your appeal within 30 days of the effective date of the RIF action.

Let Our Attorneys Protect Your Career

Federal RIF cases are complex, and agencies under the Trump and DOGE are very frequently not following the law. If you were affected by a RIF, our federal employment attorneys can help evaluate your case and fight for reinstatement, back pay, or other legal remedies.

💡 Contact us today at (888) 594-0424 or fill out the form to discuss your options. We are ready to fight for you during these difficult times!