RIF Appeal Rights for Federal Employees
If you were impacted by a Reduction in Force (RIF), you may be eligible to challenge your separation. Learn what your rights are and how to take action before it’s too late.
If you’re a federal employee impacted by a Reduction in Force (RIF), you may feel overwhelmed, confused, and unsure of what to do next. You’re not alone — and you do have options. Understanding your rights and filing a timely RIF appeal could be the difference between losing your federal career or protecting it through legal action.
This page breaks down what a RIF is, who can file an appeal, how the Merit Systems Protection Board (MSPB) process works, and what legal issues are most relevant right now — particularly for HHS employees.
Federal Practice Group is actively representing federal employees in these appeals and offers affordable, flat-fee representation.
What Is a RIF and What Triggers It?
A Reduction in Force should only occur when a federal agency eliminates jobs due to factors like budget cuts, agency restructuring, lack of work, or the end of funding for specific programs. A RIF can result in an employee being reassigned, demoted, or separated from federal service altogether. While agencies have the authority to restructure, they must follow strict rules about how those changes are implemented — including how they decide who stays and who goes.
Unfortunately, in many recent cases, those rules have been ignored or misapplied. Employees have reported issues like:
- Improperly drawn competitive areas
- Missing or inaccurate performance data
- Job functions reassigned to contractors or other divisions — with no notice or justification
These are exactly the kinds of errors that can form the basis of a successful RIF appeal.
Do Federal Employees Have the Right to Appeal a RIF?
Yes, most federal employees, including those in probationary or trial periods, have the right to file an appeal of a RIF-related separation or other adverse action, like a demotion, to the Merit Systems Protection Board (MSPB). Your eligibility depends on a few key factors:
Tenure and Appointment Type
Most employees in the competitive or excepted service have the right to appeal a RIF related separation.
Retirement Status
If you were pushed into retirement due to the RIF — known as Discontinued Service Retirement (DSR) — you can still appeal. The law treats this as an involuntary action.
If you agreed to retire under the Voluntary Early Retirement Authority (VERA), you are considered to have waived your right to appeal.
Bargaining Unit Employees
If your collective bargaining agreement (CBA) allows you to challenge a RIF-related separation through the grievance process, you may be required to use that process instead of filing an MSPB appeal. That said, many CBAs have vague or outdated language about RIFs, so please consult with your union.
Ongoing litigation may impact these rights as well.
Non Receipt of RIF Notice
If you never received a formal RIF notice, or if your notice was incorrect, late, or missing critical information (like your appeal rights), that itself may be grounds for an MSPB appeal.
Understanding the MSPB RIF Appeal Process
The MSPB is an independent agency that reviews personnel actions involving federal employees. RIF appeals are formal legal proceedings. Once filed, they follow a structured process similar to litigation in court.
Filing Your Appeal
To file a RIF appeal, you must submit MSPB Form 185, along with your RIF notice, SF-50, and any documentation showing the effective date of your separation (such as an amended RIF notice and/or mailed or emailed separation notice) to the MSPB. You’ll also need to explain why the RIF was improper. While you can amend this later, any legal arguments and claims must be raised at the time of filing to be preserved.
Deadline to File
It’s critical to file within the deadline: 30 days from the effective date of your separation or the date you received the notice informing you of the effective date of your separation, whichever is later. For most HHS employees whose separation date was July 14, that means the appeal must be filed by August 13, 2025.
What Happens After You File
Once your appeal is submitted, the MSPB will:
- Issue an acknowledgment order
- Assign your case to an administrative judge
- Require the agency to submit its case file
From there, the process typically moves into discovery — where both sides can request documents, submit written questions, and take depositions under oath.
Some cases will proceed to a hearing, where witnesses testify and legal arguments are presented before a judge. Others may be resolved on the written record through legal briefs.
Each case is different, and the legal strategy depends on the facts involved.
Why Legal Representation Matters For RIF Appeals
Filing Alone Can Cost You
We understand the temptation to file an MSPB appeal on your own. It’s just a form—how hard could it be?
The problem is, small missteps can lead to big consequences. We’ve seen appeals dismissed because of missed deadlines and legal arguments precluded because they were not timely or properly framed. The questions on the form may seem simple, but your answers can limit your rights later.
Meanwhile, the agency will have legal representation from the start. You should too.
If you’re facing a RIF, don’t go through this process alone.
Federal Practice Group has represented thousands of federal employees in RIF, removal, and disciplinary cases before the MSPB. We know what the Board looks for, what common errors agencies make, and how to challenge flawed RIF actions effectively.
What Could Happen If You Win Your RIF Appeal
If your appeal is successful, the MSPB can order:
- Reimbursement of your attorneys’ fees
- Reinstatement to your former position with back pay and benefits
- Restoration of leave, retirement credit, and service time
- Withdrawal of your involuntary retirement, if applicable
Even if you’ve accepted another job or want to move on, legal remedies — including potential financial settlements — may still be available. But those outcomes depend on getting the appeal right from the beginning.
Take Action Before It’s Too Late
If you were affected by a RIF, time is limited — and mistakes now could jeopardize your rights for good. Whether you were formally separated, pushed into retirement, or never received a valid notice at all, the best thing you can do is file a timely appeal and speak with an attorney.
The Merit Systems Protection Board (MSPB) deadline is 30 days from the effective date of your separation or when you were notified — whichever is later.
For most HHS employees with a separation date of July 14, that means your appeal must be filed by August 13, 2025.
HHS: To retain Federal Practice Group for representation, you must complete your intake and fee agreement no later than August 4, 2025, at 6:00 p.m. EST.
At Federal Practice Group, we’re prepared to stand by your side. We’ve already filed dozens of appeals on behalf of federal employees like you, and we’re here to help you fight back.
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Frequently Asked Questions
Federal employees are protected from discrimination based on sex, gender, color, race, national origin, religion, age, and disability, and have the right to file an EEO complaint against their agency should they face discrimination. Federal employees also have the right to due process before being subjected to an adverse action.
Yes, federal employees can sue for discrimination, but first you must exhaust administrative remedies, which includes filing a formal complaint with your agency and letting 180 days pass. In many instances, federal employees elect to pursue their EEO complaints through the EEOC’s hearing process instead of filing a civil action.
Federal employees must initiate contact with an EEO Counselor within 45 days of any act of discrimination. After an informal complaint stage, you will be issued a Notice of Right to File a formal complaint, which will permit you 15 days to do so.
Federal employees do not have the right to sue for wrongful termination the way private sector employees do, but most federal employees have the right to appeal a removal to the MSPB, which will adjudicate whether the Agency can sustain any charges raised against you.
Yes, most federal employees can file a complaint against their agency with the U.S. Office of Special Counsel (OSC) if they are facing whistleblower retaliation. If OSC does not accept your complaint for investigation and prosecution, OSC will issue you an Individual Right of Action (IRA) notice giving you the right to pursue corrective action at the MSPB. Federal employees do not have the right to sue in court under the Whistleblower Protection Act.