RIF Appeal FAQs
Answers to the most common questions federal employees have about challenging a RIF through the MSPB
Deadline to Retain FPG for Your HHS MSPB RIF Appeal
HHS has notified many employees that their separations were effective as of July 14, 2025. Although a U.S. District Court injunction remains in place, HHS claims it only applies to select offices (CDC, FDA’s CTP, ACF’s OHS, and ASPE) and is moving forward with the RIF.
The Federal Practice Group is filing individual MSPB appeals on behalf of affected employees at HHS and other agencies. Since the MSPB denied class certification, each person must file separately. We’re tailoring legal strategies for each case and filing motions to consolidate where appropriate.
Below are answers to the most common questions we’ve received from employees navigating this process.
We’re here to help you navigate this process.
Learn how to retain the Federal Practice Group for your RIF appeal and protect your federal career. Our team is actively representing HHS employees in MSPB appeals.
Understanding the Process
Filing an MSPB appeal after a RIF isn’t just about paperwork; it’s about navigating a complex legal process with lasting career consequences. This section answers key questions about why legal representation matters and how FPG approaches your case.
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.
We will be including individualized circumstances as well as general legal and statutory arguments to make your appeal as strong as possible.
At the moment, our legal team is fully engaged managing the extensive demands of this case, and while they’re unable to schedule individual calls right away, we want to make sure that your legal arguments are fully addressed. If you believe there are specific points or arguments you would like to include, please send that to our team and we will work to incorporate it into your appeal.
If you win your case with the MSPB, you might get your job back, be paid for the time you were out of work, and have your lawyer fees covered. If you do not want to be reinstated, you can choose to resign instead.
Deadlines and Filing
Timing is everything when it comes to filing your MSPB appeal. Below are answers to the most common questions we receive about deadlines, eligibility windows, and what triggers the start of your appeal timeline, especially for HHS employees affected by RIF notices.
If your effective date of separation date is July 14, 2025, the deadline to retain the Federal Practice Group is August 4 by 6 PM EST. If the effective date of your separation is not July 14, then you have additional time.
No, if the effective date of your separation is not July 14, you have additional time to consider retaining FPG.
Yes, but we cannot file an appeal before the effective date of the separation. At the time of separation, please contact us to retain FPG.
No! We will be filing all appeals (and motions to consolidate) on your behalf. Just make sure that you have sent us all of the required documents, signed a fee agreement, and made payment so we may file them for you.
If the injunction covers you, then you do not have a deadline to file until you are issued an effective date of separation.
Eligibility for an Appeal
Not every situation is the same — and not every action taken in response to a RIF will affect your appeal rights the same way. This section addresses whether your specific employment status, reassignment, or retirement choice could impact your ability to file an MSPB appeal.
If you are separated because of the RIF, you can appeal. If you obtain new employment, you could still receive a back pay award to make up the difference. One caveat is that if HHS reassigns you to another agency or position without any break in service, it will likely be seen as a voluntary action, so ironically, in this one instance, it’s probably better to be removed and then re-hired.
Yes. Pursuant to 5 U.S.C. § 7701(j), when an employee accepts retirement after receiving a notice that they will be separated because of a RIF, the employee may still file an appeal of the RIF to the MSPB alleging the retirement was involuntary.
This is true where the retirement is a discontinued service retirement (DSR).
No. This right to appeal does not apply where an employee retires under the Voluntary Early Retirement Authority (VERA), even if the employee elected to do so after receipt of a RIF notice. Participating in VERA results in cancellation of the RIF separation. See Gustavson v. Dept. of the Army, 79 M.S.P.R. 638 (1998).
You can retain FPG to represent you at any point in the appeal process. At this stage, we can review your appeal and amend it if need be. We will then look towards what group we can consolidate you with.
If the probationary employees were re-hired after 2/14 and then issued a RIF notice, yes, they could join, but if they are just trying to challenge the 2/14 termination, then no they would not be able to join.
Yes. We have confirmed with NTEU that bargaining unit employees must file MSPB appeals—not grievances—for RIF separations. Federal Practice Group is fully prepared and authorized to represent you in these appeals.
Cost and Payment Options
We know cost is one of the biggest concerns when deciding whether to move forward with legal representation. This section outlines what our flat fee covers, what to expect if your case advances, and what financing options are available.
It will cover work including reviewing and revising the appeal form; preparing a motion to consolidate where we explain why the appeals should be joined for processing and identify the legal claims the employees in that group are raising against the RIF; and then for filing the appeal form jointly with the others along with the motion to consolidate.
After we have consolidated the appeals and the process is moving forward, we will send out new Fee Agreements to be signed that detail the future costs dealing with discovery, hearings etc.
If we take an appeal through discovery and a hearing, fees may be over $20k, sometimes well above that. In this instance, we are hoping that the volume will enable us to keep costs down, but it’s also very likely that the timeline will be elongated given both the MSPB’s backlog and the potential impact of federal litigation.
If you pay the $1,500 flat filing fee and we actually file the appeal on your behalf, we will be unable to issue a refund as we would have already completed the work outlined in our fee agreement. However, you may drop the appeal and terminate our services at any time you wish, and we will not charge you anything further.
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.
If the administrative judge denied a motion to consolidate (which seems unlikely), then we can still split costs among the group,
Required Documents and Forms
Filing your MSPB appeal through FPG requires a few key documents and forms. This section explains what we need from you and how to properly complete the MSPB form so we can file on your behalf without delays.
We will need the following documents:
- A completed MSPB appeal form
- Signed fee agreement
- RIF Notice
- Final Separation Notice/Email (including any received by mail)
- A completed intake form (this is where you will upload your documents)
Additionally, you will also need to complete our Fact Gathering Survey. and Submit your payment through our website or by calling us at (202) 862-4260
If you have previously completed an intake form on our website, please email the completed documents to clientintake@fedpractice.com.
Please fill it out to the best of your ability. Fill out Part 1 and Part 2 (up to Q17). In Q16, please include any errors that were on your RIF notices and any personal circumstances you feel are relevant. For Part 4, Designation of a Representative, check “yes” and use either a wet, adobe-certified, or pen PDF signature to sign. Please leave Part 5 blank as our attorney will sign as representative. Our team is going through each form to make any corrections, and will be reaching out if they need anything.
If we make any substantive changes to your form, we will return it to you for review before filing.
That is okay. Please just email our team at notifications@fedpractice.com to let us know what you’re missing so we can make note of it.
Take the Next Step with Confidence
Facing a RIF is stressful — but navigating your MSPB appeal shouldn’t be. Our team has decades of experience representing federal employees in complex employment matters, and we’re here to guide you through every step of the process.
If you’re ready to take action, don’t wait. The August 4 deadline is approaching quickly for many HHS employees. Make sure your rights are protected and your appeal is filed correctly.