RIF appeal MSPB filings are now moving forward after HHS notified many employees that their separations were effective as of July 14, 2025. Although the U.S. District Court’s preliminary injunction remains in place, HHS has claimed it only applies to select offices — including CDC, FDA’s CTP, ACF’s OHS, and ASPE — and is proceeding with the RIF. In response, the Federal Practice Group is preparing to file individual appeals before the Merit Systems Protection Board (MSPB) on behalf of impacted employees. The MSPB has denied class certification, meaning each employee must file individually. We’re developing tailored legal strategies for each appeal and will include motions to consolidate when appropriate.
Below are answers to the most common questions we’re receiving from employees facing RIF-related removal and considering their next legal step.
Q: What’s the difference in having you file this or me file the appeal myself?
The advantage in hiring an experienced law firm like FPG to file your appeal is that the legal arguments challenging a RIF are incredibly complex and nuanced. For example, while inaccuracies in the RIF notice violate OPM’s regulations, in an appeal of a separation, the inaccuracies only matter if we can show that the inaccuracies created a harmful error as defined by the Board’s case law.
Additionally, the Board has, thus far, refused to certify any class appeals challenging the RIF. This means that individual employees may not receive the benefit of appeals filed by others the way they would if we were able to pursue a class appeal.
Q: I have my RRR pending. Why do I need to pay a separate fee for you to do this?
The RRR challenges the legality of the way HHS is executing the RIF, whereas the appeal challenges your actual removal from federal service. While the information we obtain from HHS through the RRR will be useful for the appeals, the appeals will be adjudicated by an Administrative Judge instead of the Board itself. While with the RRR, HHS may be permitted to do the RIF over even if the Board finds the way it was carried out violates the RIF regulations, an appeal would be the only way to have the RIF itself declared illegal.