Hundreds of employees at the National Institutes of Health and other agencies under the Department of Health and Human Services (HHS) were recently impacted by a sweeping Reduction in Force (RIF)—many receiving unexpected separation notices on what some are now calling the “Valentine’s Day Massacre.” Since then, questions about the legality of the RIF have surfaced across the federal workforce.
Federal Practice Group is actively working with affected employees, offering immediate legal avenues through Requests for Regulation Review (RRR) and Merit Systems Protection Board (MSPB) appeals, including potential class actions. If you’re one of the many HHS employees facing separation, here’s what you need to know—and how we can help.
What Happened in the HHS RIF and Why It May Be Unlawful
The Federal Practice Group is currently representing hundreds of HHS employees who received separation notices as part of a wide-reaching Reduction in Force. Many of these notices contain fundamental legal and procedural errors, including flawed competitive area definitions, inaccurate retention rankings, and missing performance data.
As a founding partner and head of the firm’s federal employment practice, Debra D’Agostino told Healthcare Dive in the article “HHS layoffs may be illegal, legal experts say,” FPG is preparing class action MSPB appeals based on widespread problems:
“We have been contacted by hundreds and hundreds of HHS employees at multiple subagencies issued RIF notices with errors ranging from odd definitions of their competitive area to incorrect performance ratings, veterans’ status, and service computation dates. We are planning to file class action MSPB appeals on their behalf.”
D’Agostino also noted that HHS appears to have bypassed required procedures such as creating official retention registers:
“Instead, it appears that, likely led by [the Department of Government Efficiency], someone took an organization chart and started crossing off certain offices, divisions, branches, etc., and then generated RIF notices for the employees in those offices pulling from an old database, which is why they are riddled with inaccuracies.”
These serious issues have raised significant concerns about the legality of the RIF process and sparked a rapidly growing legal response led by the Federal Practice Group.
What Are Your Legal Options After the HHS RIF?
If you received a RIF notice, you have multiple options for challenging its legality. Here is a breakdown:
| Option | Who It’s For | What It Does | When to File |
|---|---|---|---|
| Request for Regulation Review (RRR) | Any HHS employee with inaccuracies on their RIF notice, including those in a bargaining unit, or who believe HHS lacked a legal basis to RIF their competitive area/work unit. | Asks MSPB to determine whether HHS followed RIF regulations. | Now through May 1, 2025 |
| MSPB Class Appeal | 35 to 40 or more employees in the same competitive area with the same legal claims. | Challenges legality of the RIF as a unified class | An employee may not file an MSPB appeal until the effective date of the separation (which is June 2nd in most instances). |
| MSPB Collective Appeal | Smaller groups or employees with similar but less uniform issues. | Appeals are filed individually but processed together as a collective appeal. | |
| MSPB Individual Appeal | Individuals who believe that they were either individually targeted or misplaced on the retention register. | Challenges specific errors or individual treatment. |
HHS RIF-Request for Regulation Review (RRR)
What is an RRR?
A Request for Regulation Review (RRR) allows federal employees to ask the Merit Systems Protection Board (MSPB) to review whether an agency correctly applied regulations issued by the Office of Personnel Management (OPM). In this case, Federal Practice Group will request the Board review whether HHS followed the RIF regulations outlined in 5 C.F.R. § 1203.11, particularly the RIF rules in 5 C.F.R. part 351.
Common Legal Issues Found in HHS RIF Notices
Federal Practice Group has identified key issues such as:
- The use of inaccurate information to determine employees’ retention standing
- Improperly defined competitive areas
- Actions that may qualify as prohibited personnel practices
Who Can Participate
- Any HHS employee with inaccuracies on their RIF notice, including those in a bargaining unit, or who believe 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 Process Works
- You complete the steps to join FPG’s RRR by May 1st, 2025
- We submit the RRR request to the MSPB.
- HHS is allowed to explain how it followed the RIF rules.
- We respond with our legal arguments.
- The Board then issues a ruling.
If the MSPB agrees that the rules were not followed, we will ask the Board to order HHS to rescind the RIF notices. If the issue involves inaccurate information, the Board may permit HHS to reissue the notices, but only after addressing the problems.
How to Participate in the RRR Filing with Federal Practice Group
The cost to participate in the RRR is $500 per employee.
To move forward, we will need the following:
- Completed intake form (if not previously submitted)
- A signed fee agreement
- A copy of your RIF notice (if not previously attached in the intake process)
- A brief explanation on why you believe HHS did not correctly implement RIF regulations
- Payment of the $500 participation fee
Please submit all completed documents to clientintake@fedpractice.com by Thursday, May 1st, 2025, to be included in our initial RRR filing.
We encourage early participation to ensure your case is part of the first group submitted to the MSPB.
HHS RIF-Class, Collective, & Individual MSPB Appeals
In these appeals, employees can challenge the legality of the RIF itself or the way HHS executed the RIF. An employee may not file an MSPB appeal until the effective date of the separation (which is June 2nd in most instances).
There are three ways to pursue an MSPB appeal depending on your situation:
- A class appeal involves 35 to 40 or more employees from the same competitive area who share the same legal claims.
- A collective appeal is used when the group is smaller or the legal issues are less uniform. In these cases, employees file individually but their cases are processed together.
- An individual appeal may be appropriate for employees who believe they were personally targeted or improperly placed on the retention register.
Class and Collective Appeals
If a class appeal is filed, the MSPB will first determine whether the group qualifies to proceed as a class. If not, the cases may still move forward as a collective structure.
Each class will need 3–5 class representatives to retain FPG and help coordinate communication. These representatives will pay an agreed-upon fee in advance (divided among themselves), while other class members are not charged individually. FPG can also utilize this same structure for smaller groups looking to file collective actions.
If successful, the MSPB can:
- Cancel the separations and reinstate employees
- Award back pay and benefits
- Reimburse legal fees
Not Part of a Group? Individual MSPB Appeal
Employees not part of a class or collective group may pursue an individual MSPB appeal after their separation date. The same legal standards apply, and FPG can represent individuals on a case-by-case basis.
How to Participate in the Class and Collective Appeals with Federal Practice Group
- Identify your group. Determine which employees share the same competitive area and legal claim.
- Designate a point of contact. Choose one representative who will communicate with the Federal Practice Group on behalf of the group.
- Submit your request. The point of contact should email clientintake@fedpractice.com with a brief summary of the group’s composition, including the competitive area and the shared legal issue being challenged.
- We will review and respond with follow–up questions and/or schedule a consultation.
Individual MSPB Appeals
To move forward, we will need the following:
- Completed intake form (if not previously submitted)
- A copy of your RIF notice (if not previously attached in the intake process)
- A brief explanation on why you believe HHS did not correctly implement RIF regulations
FPG will represent individual MSPB appeals on a case-by-case basis.
Key Dates and Deadlines for HHS RIFs
Now through May 1, 2025:
Deadline for submitting materials for the first RRR filing group
June 2, 2025:
Most HHS RIF separations take effect
After June 2, 2025:
Eligible employees may file MSPB appeals individually or as part of a class or collective case
Ready to Fight Back? Challenge Your RIF Notice with Experienced Legal Help from FPG
If you believe your RIF notice was issued in error or that your rights as a federal employee were violated, now is the time to act. Federal Practice Group is actively representing HHS employees through strategic MSPB appeals, class actions, and Requests for Regulation Review. Our team understands the urgency and complexity of these cases, and we are ready to help you protect your federal career.
Whether you are pursuing a group appeal or exploring your individual options, we are here to guide you through every step of the process. Let us help you take action with confidence and clarity.