Kimmel
Full Disclosure:
I do NOT claim to be a professional. I am just a former journalist, editor, head of marketing (albeit a local newspaper), and someone who minored in communications/marketing. I have YEARS of actual research practice behind me, I I do know something.
To the point: (1)
![YOU HAVE RIGHTS!
What Federal Employees Should Know about Reductions in Force (RIFs)
Your Rights
Generally speaking, for non-SES, executive-branch employees, your agency must:
● Provide 60 day’ advance notice of a RIF (though that can be reduced to 30 days based
on “not reasonably foreseeable circumstances.”) 5 C.F.R. § 351.801.
● For any bargaining-unit employees, provide the union with at least 60 days’ notice of any
RIFs, and more if a collective-bargaining agreement requires it
● Set a “competitive area” defining the organizational unit being cut and a “competitive
level” defining the types of jobs being cut; RIFs must target positions, not people.
● Make a “retention list” that ranks workers based on their tenure, veterans preference,
length of service, performance, and other criteria to decide who is terminated.
● Provide these rights to probationary employees as well as non-probationary employees.
● Provide severance pay: 1 week of pay for years of civilian service, 2 weeks for years >
10, plus an increase if you’re over 40
● Allow employees whose functions are transferred to a different competitive area to
transfer to those jobs
What To Do
● Before RIF Notice: Organize your coworkers, discuss strategies with them, keep your
union informed, download your eOPF folder, and consider what allies you can gather to
fight on your and your coworkers’ behalf.
● When you get a RIF Notice:
○ Ask the person who sent you the RIF notice and your HR representative in
writing for the retention register and check it thoroughly. Here is sample language
that you can use:
■ “Hi, my name is [NAME]. I just received a Reduction in Force notice,
dated [DATE]. Please send me the retention register that the Department
of Labor has compiled that applies to my competitive area and
competitive level immediately, along with any other information to which I
am entitled under 5 C.F.R. Section 351.505.
○ If they don’t give the retention register to you, FOIA it …](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:j7ih5hnishq4ccdmqmb4ot7o/bafkreignwj2v5zstyj6zmlo6lxpklzrirs56txl6qgza5raizhkgyjx5iu)
![date of [DATE YOU RECEIVED RIF NOTICE] and an effective date of[DATE NOTICE SAYS RIF IS EFFECTIVE]. In particular, I would like to
receive any retention registers compiled for the Reduction in Force for which I received the attached notice. Please provide this information as soon as possible. For bargaining unit employees, file grievances over any failure to inform the union, lack of notice, placing employees on administrative leave without cause, or mistakes in the retention register.
● After RIF Notice: Challenge errors before the Merit Systems Protection Board (MSPB)
or via union grievance. Continue to come to work if they have RIF’d you unlawfully.
Stay in touch with your colleagues.
Additional Resources
● Reductions in Force (RIFs): An Overview (QR code below)
● Rise Up: Federal Workers Legal Defense Network (QR code below)
● How to Seek Compensation for Mental Health Conditions caused or aggravated by a
Federal Employer - CFPB Union (QR code below)
YOU ALSO HAVE THE RIGHT TO FREE SPEECH!
As long as you speak in your personal capacity about a matter of public concern and your
speech does not interfere with your job, you can generally say what you want. Click the last QR
code above for a presentation explaining federal employee free speech rights.
● Your union representatives](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:j7ih5hnishq4ccdmqmb4ot7o/bafkreihhy4m6oxpikownyvu5mo2bxgvxx6gyx2iuxsuih4qwbipiriltii)
