Supreme Court RIF Decision: Common Questions, Answered
Jul 09, 2025Yesterday’s Supreme Court move has many federal employees on edge. Let’s be clear: the Court did not approve mass firings. Instead, it lifted an injunction that paused certain Reduction in Force (RIF) actions, but explicitly took no stance on whether those RIFs are lawful. That question remains before the Ninth Circuit and is expected to be decided later this summer.
For agencies, this means they can proceed with RIFs—but they do so at their own legal risk. The fight isn’t over. The legality is still very much in play.
HHS and VA RIF Updates
If you’re at HHS and received a RIF notice back in April, understand that these notices are not automatically valid just because the Supreme Court lifted the freeze. HHS must still comply with Title 5 requirements—veterans’ preference, proper retention order, 60-day written notice, and Merit Systems Protection Board (MSPB) review. Some HHS units remain under separate injunctions.
At the VA, there was talk of eliminating 83,000 positions (not merely 83). However, the Secretary has paused that plan for now. Nothing is moving forward today. Remain alert, gather your documentation, but don’t panic.
Probationary vs. Career Employee Rights
If you’re a probationary employee, your protections are fewer, but you’re not defenseless. You still hold rights under Equal Employment Opportunity (EEO) law, whistleblower statutes, and Prohibited Personnel Practices (PPP). Career employees should remember: if you receive a RIF notice or adverse action, file your MSPB appeal quickly—within 30 days. Doing so preserves your rights to back pay, reinstatement, and legal fees.
Steps to Protect Yourself Today
Here’s what you can do right now:
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Gather your SF-50s, performance evaluations, and medical documentation showing your service, value, and potential reasonable accommodations.
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Know your retention standing. Understand where you fall in the agency’s order of layoff and who else might be affected.
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Don’t wait to appeal if you receive a notice. Deadlines are strict and missing them can permanently waive your rights.
DRP Regret? Options May Exist
If you signed a DRP (Direct Removal Proposal) agreement and regret it, options are limited but not necessarily closed. If there was undue pressure, misinformation, or procedural errors, an attorney can review for potential challenges.
You Are Not Alone
Most importantly, remember: the Supreme Court merely pressed play—it did not write the ending. You still have rights and options. For those preparing to face RIFs without legal representation, Southworth PC is launching a $199 RIF MSPB appeal course, covering critical strategies for federal employees facing these layoffs alone. You can join the interest list and lock in a 25% discount before Saturday at fedlegalhelp.com/rifcourse.
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Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While I am a federal employment attorney, this post does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.