Reduction-in-Forces (RIFs) Do’s and Don’ts

An agency must use the reduction-in-force regulations, 5 CFR Part 351, before separating or demoting an employee because of an organizational reason such as reorganization, including lack of work, shortage of funds, insufficient personnel ceiling, or the exercise of certain reemployment or restoration rights. Virtually all RIF actions are the result of reorganization.

The abolishment of a position does not always require the use of RIF procedures. An agency has the right to avoid a RIF action by simply reassigning an employee to a vacant position at the same grade or pay without regard to the employee’s rights under the RIF regulations. The vacant position may be in the same or in a different classification series, line of work, and/or geographic location.

DO:

1. Negotiate with the agency that during the RIF, the agency is required to offer a vacant position to an affected employee.
2. Ensure the agency has your correct veteran’s status.
3. Ensure the agency has a record of your performance appraisals (For DoD Employees – this is especially critical to your RIF).
4. Ensure the agency has your correct service computation date.
5. Update your qualifications to reflect your current situation (relevant to placement rights).
6. Be sure the agency sets up the correct competitive level and specific retention registers.
7. Unlike many other types of cases, you must not only be looking at your situation but all the other employees competing with you (check veteran’s preference, retention standing, ASCD, etc.).
8. Update! A retention register is prepared from the current retention records of employees. 5 C.F.R. § 351.404(a).
9. Do check to ensure that the Agency correctly relies on all of your included service.
10. Do join the Union before the RIF is announced. The RIF process is complicated.
11. Do understand competitive levels do not require the positions to be exactly the same (the test is undue interruption).
12. The Agency must allow its retention register and related records to be inspected by an employee who has received a RIF notice and/or the employee’s representative. 5 C.F.R. § 351.505 (Records).
13. Do set the last date for personnel actions as early as possible.
14. When an Agency issues a specific RIF notice to an employee, they must, at the employee’s request, provide the employee with a copy of the RIF regulations. 5 C.F.R. § 351.
15. Ensure you are signed up for the Priority Placement Program and Reemployment Priority List.

DON’T:  

1. Don’t panic and leave, thinking you’re going to lose your job. Many times, there are last-minute changes and updates to the retention registers.