The Washington Post quoted Managing Shareholder Alan Lescht in an article about the Supreme Court’s recent decision regarding federal RIFs (reductions in force). The article, “White House preps for legal fight over firings — despite court victory,” by reporters Kornfield and Hannah Natanson, also appears in The Detroit News’ online edition.
The Supreme Court lifted a California district court’s stay on federal RIFs, as a general matter. However, once the government moves forward with cuts, unions and other groups can file lawsuits over specific RIFs. According to the article, the Trump administration expects continued litigation, and “Trump advisers are cautiously proceeding with continued cuts.”
In addition to lawsuits by unions and advocacy groups, employees can file appeals with the Merit Systems Protection Board (MSPB) to challenge their removals. Employees can either file individual appeals or join a class action through their union. The article quotes Alan regarding these appeals:
Alan Lescht, a D.C.-based employment attorney, said he has encouraged federal workers to appeal their firings, and if they win the argument that they should stay in their jobs, they can resume work and claim back pay.
“Before Trump came to office, there had been RIFs in the federal government, but typically these RIFs took like a year to figure out and comply with all the rules,” Lescht said. “So we suspect that a lot of the analysis that is required to be done probably wasn’t.”
Read the complete article on The Washington Post or The Detroit News.
Did you receive a federal RIF notice?
An employment attorney can help determine whether you can challenge your separation and advise you about your entitlement to severance pay or other relief. Alan Lescht and Associates, P.C., represents federal employees around the world. Our attorneys have extensive experience handling cases before the Office of Special Counsel (OSC), the Merit Systems Protection Board (MSPB), the Equal Employment Opportunity Commission (EEOC), and similar agencies, as well as litigating federal employment matters in court. If your agency removed, reassigned, or furloughed you, contact us today to learn more about a cost-effective legal solution.
