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State Department Is Hiring for Jobs It Just Cut — Know Your RIF Rights

federal employees mspb reemployment priority list rif shaun southworth state department
 

A year after the State Department separated roughly 1,350 employees in a reduction in force (RIF), the department is recruiting again for many of the same roles — and laid-off employees say they haven't heard a word.

What's Happening at the State Department

Employees who spoke with Federal News Network said the department hasn't reached out to them, and that their job applications have gone unanswered. About 80% of the RIF fell on civil service employees, many of them regional or subject-matter specialists. The department has since launched a Foreign Service recruitment campaign and signed a roughly $1 million contract with a private recruiting firm to draw new candidates to the Foreign Service Officer Test. One former official flagged that many of the new postings are open only to internal applicants — a detail that can effectively route around employees who were separated in the RIF, even though a department spokesperson said separated employees face "no restrictions" on applying.

Your Reemployment Priority Rights After a RIF

A RIF eliminates positions, not people. Competitive-service employees separated by a RIF are generally entitled to placement on their agency's Reemployment Priority List (RPL), which gives them consideration ahead of most outside candidates for vacancies they're qualified for (5 U.S.C. § 3502; 5 C.F.R. Part 351). Employees who were separated or downgraded may also hold CTAP or ICTAP selection priority for vacancies in their local commuting area (5 C.F.R. Part 330, Subparts B, F, and G).

Why You Have to Register — Priority Isn't Automatic

These rights don't apply themselves. You generally have to register for the RPL and keep your information current, or the priority can't help you. If you were in the Foreign Service, keep in mind it runs under a separate personnel system with its own reemployment rules — don't assume the competitive-service rules described here apply to you.

What to Do if Your Old Job Gets Reposted

Register for the Reemployment Priority List and confirm in writing that you're on it. For any posting that looks like your old role, ask in writing whether it's open to status candidates or internal applicants only — that written response becomes your record. Keep your RIF notice and separation paperwork. And remember that a RIF action itself is appealable to the Merit Systems Protection Board, generally within 30 days of the action's effective date (5 C.F.R. § 351.901; 5 C.F.R. § 1201.22).

If you were separated in a RIF and your old position is now back on the market, Southworth PC's federal employment attorneys can help you understand your reemployment and appeal rights.

Legal Disclaimer: This content is for general informational purposes only and does not constitute legal advice. Federal employment situations are fact-specific and time-sensitive. Please consult a qualified federal employment attorney about your specific situation. 

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