Challenge Your HHS RIF Notice with a request for regulation Review
Federal Practice Group has reviewed hundreds of Reductions in Force (RIF) notices issued to HHS employees. Based on our review and discussions with employees, as an initial response, we are offering to file a Request for Regulation Review (RRR) with the Merit Systems Protection Board (MSPB), which has jurisdiction to review whether an agency correctly applied regulations issued by the Office of Personnel Management (OPM).
If your Reduction in Force (RIF) notice contains errors, you may qualify to challenge it. The deadline to join the Request for Regulation Review (RRR) filing is Thursday, May 1, 2025.
Who can Participate in the Request for Regulation Review (RRR)?
- Any HHS employee with inaccuracies on the RIF notice, including those in a bargaining unit or who believes HHS lacked a legal basis to RIF their competitive area/work unit.
- Participation in an RRR does not prevent you from filing an MSPB appeal or grievance about your separation.
How the RRR Process Works
- We submit the RRR to the MSPB, after which the MSPB allows HHS an opportunity to explain how it followed the RIF regulations. We are then allowed to respond after which the MSPB issues a ruling.
- If the MSPB agrees that the rules were not followed, we will ask the MSPB to order HHS to rescind the RIF notices. The Board may permit HHS to later reissue the notices, but only after addressing the problems.
Next Steps and Cost
To move forward, we’ll need the following:
- Completed intake form (if not previously submitted)
- A copy of your RIF notice (if not previously attached with your intake form)
- Brief explanation on why you believe HHS did not correctly implement RIF regulations
- $500 Payment; remit payment via our website by selecting MAKE A PAYMENT in the top right corner or request a payable invoice from clientintake@fedpractice.com
FPG also anticipates filing RRRs for groups challenging how HHS defined their competitive area and class/collective appeals after June 2, 2025. For more information, contact clientintake@fedpractice.com and watch our website for updates.
Have you already completed the intake form? If so, complete the fee agreement.
Answers to Your RRR Questions
If you have questions about participating in the HHS Request for Regulation Review (RRR), we encourage you to review our Frequently Asked Questions for detailed answers.
**Please note that we are unable to respond to individual questions about the RRR process at this time. Please check the FAQs, which will be updated regularly. You may still submit general questions to clientintake@fedpractice.com for consideration.
You can also read our blog post to learn more about the RRR process and how it can help HHS employees impacted by the recent RIF.