On July 8, 2025, the Supreme Court issued a decision allowing federal agencies to proceed with reduction-in-force (RIF) plans. In Trump v. American Federation of Government Employees, the Court granted a stay of a lower court injunction that temporarily halted President Trump’s executive order directing large-scale RIFs. This significant decision effectively clears the way for sweeping terminations of federal employees. While the Supreme Court’s recent decision gives the Trump administration authority to initiate mass workforce reductions, the Court did not conclude that any specific federal RIF plan is legal.
Importantly, the decision does not eliminate existing employee rights. For example, Office of Personnel Management (OPM) regulations require agencies to prioritize tenure, veterans’ preference, length of service, and performance ratings when selecting employees to separate in a RIF. Agencies must also provide at least 60 days’ advance written notice that explains the selection criteria, potential reassignment opportunities, and appeal rights. Federal employees who are involuntarily separated in a RIF are entitled to severance pay if they meet certain conditions, such as being ineligible for retirement. Employees who meet these conditions generally receive severance calculated based on their years of service.
Additionally, most employees have the right to appeal a RIF removal. If you are a union member, review your collective bargaining agreement to determine if you must appeal personnel actions through your union. Otherwise, most career employees have the right to appeal a RIF removal to the Merit Systems Protection Board (MSPB). Alternatively, if you believe your agency used a RIF to discriminate against you based on a protected characteristic, such as age, race, or disability, you can file an EEO complaint.
Can an employment attorney help me appeal a federal RIF?
Alan Lescht and Associates, P.C., has extensive experience representing federal employees navigating the complexities of RIFs. If your federal agency terminated your employment or gave you a RIF notice, we can help you assess your options, determine if you are entitled to any severance pay or other relief, and advocate effectively on your behalf. Contact us today to schedule a consultation with an experienced attorney to discuss your situation and learn how we can help you achieve the best possible outcome during this challenging time.
