The unlawful RIFs are coming. Here’s what we should do to prepare:
ETA for clarification: I am not referring to the unlawful termination of probationary employees that is currently happening. This administration’s next goal is to unlawfully terminate employees with tenure under the guise of a RIF.
Some people in my department have started receiving termination letters that say something along the lines of, “The skills of this employee no longer align with the policies of the current administration” instead of the “poor performance” language used in others.
This is language you would see with a RIF, but like everything else this administration has done, they’re going to go about RIFs unlawfully.
This document provides a good overview of how RIFs are conducted lawfully and within the bounds of the USC: https://crsreports.congress.gov/product/pdf/IF/IF12908
Things of note:
OPM can only provide guidance for RIF procedures, they cannot carry out RIFs themselves or tell agencies they need to conduct RIFs. To that point:
Only individual agencies can determine if RIFs are necessary.
RIFs cannot be used for conduct or performance-related reasons.
RIFs must adhere to collective bargaining agreements.
Employees affected by RIFs must be given at least 30-60 full days notice before being separated.
RIF documentation must provide reasons for the action, its effective date, and how to appeal to the MSPB.
If more than 50 employees will be RIFed from the same agency, the agency has to notify the state government.
There’s a whole lot more to the process. Arm yourself with knowledge. Don’t be afraid to demand documentation, delay the process as long as possible, and make it clear you will appeal whether the RIF is lawful or not.
A Reduction in Force is just that — a slow, targeted reduction when agencies decide certain expertise is no longer needed.
It cannot lawfully be used for rushed, mass terminations. Stay strong, everyone.