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RIFs in the Trump Era: Reemployment Rights after a RIF

Welcome back to our series on RIFs in the Trump era. If you missed Parts One and Two of the series, click here. Today is our final installment of the series, where we will discuss reemployment rights after a RIF.

What are reemployment rights?

Employees who are separated due to a RIF have reemployment priority rights. Agencies use a reemployment priority list ("RPL") to rehire employees separated as part of a RIF. In filling any vacancies that arise after a RIF, an agency must give priority to certain former employees on the RPL over certain outside job applicants. Agencies are also permitted to consider RPL registrants before considering internal candidates.

Establishing an RPL

An agency must establish and maintain an RPL for each area in which it separates eligible competitive service employees by RIF. Employees are not required to participate in this list and will not automatically be placed on the list. An agency must give employees information about the list when it issues a notice of separation. The former employee must complete and submit the RPL application on or before the RIF separation date to register for the program.

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Reemployment and Appeals

To be appointed to a vacant position through an RPL, an employee must meet all requirements for the vacant position. The agency will use a numerical scoring system to rank applicants.

What if the agency does not follow the RPL? An employee can appeal to the MSPB if he believes his reemployment rights were violated.

Questions about RIFs?

Do you feel that your agency improperly failed to consider your reemployment rights? Protecting your job is our job. Call Alan Lescht and Associates, P.C. today at (202) 536-3315 or email Alan.

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  • AV Preeminent
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  • SuperLawyers | Univision
  • Washingtonian | abc7 | The Washington Post
  • Lead Counsel Rated
  • Top Rated Lawyers AV | ThreeBest Rated
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