This is a monthly sponsored post by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.

By John V. Berry, Esq

We have been representing and advising numerous federal employees regarding the Reductions-in-Force (RIF) that have recently been issued by several different federal agencies.

As most people have started to realize, these RIF actions have not been thought out very well and have been designed for speed as opposed to accuracy or compliance with the meaning of law and regulation. The question now is what to do if you receive an RIF.

What is a Federal Employee RIF

Federal employee RIFs are simply notices which start the separation process for federal employees. RIFs are supposed to be issued due to restructuring, department elimination, or lack of funding or work. RIFs are also supposed to follow laws, rules, and regulations. A federal employee is also supposed to be given 60 days’ notice before separation.

What We Have Been Seeing Lately

In many of the cases we have seen, most federal employee RIF notices simply state that their entire competitive areas have been eliminated. These mass RIF actions were never anticipated when the laws and regulations governing them were issued. The rules were supposed to be based not on speed but rather on a thoughtful process of eliminating positions that were no longer needed when government funds were low or when an agency needed to restructure.

In reality, the RIFs appear to simply be a means of getting rid of as many federal employees as quickly as possible based on a directive from the President. In most of the notices we have seen, there has been no consideration for performance ratings, years of service, or prior military service. The federal agencies directed to conduct these RIFs have simply looked at cutting numbers and not needs or proper reorganization. This is extremely unfortunate.

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