Unions Challenge Shutdown RIFs: What Federal Employees Must Know
federal employment government shutdown mspb appeals opm guidance rif Oct 02, 2025Federal unions have filed a lawsuit against the Office of Management and Budget (OMB) and the Office of Personnel Management (OPM), challenging recent guidance that encouraged agencies to use the government shutdown as an “opportunity” to issue Reduction in Force (RIF) notices. The unions’ central claim is simple: a temporary funding lapse cannot be used to permanently eliminate federal employees.
Shutdown furloughs are governed by the Antideficiency Act, which prohibits agencies from spending money they don’t have. But a lapse in funding does not erase the laws creating your agency, your position, or the protections Congress built into the civil service. Put plainly: a shutdown pauses funding; it is not a green light to cut staff.
The Legal Difference Between Shutdowns and RIFs
The administration’s argument hinges on a regulation that allows a furlough of more than 30 days to be treated as a RIF. But that rule applies to planned, budget-driven furloughs—not emergency shutdown furloughs triggered by Congress’s failure to pass appropriations. OPM’s own longstanding guidance has recognized this distinction: shutdown length is outside agency control, so RIF procedures don’t apply.
This lawsuit points out a deeper problem: agencies have reportedly been told to keep employees working during shutdowns to process RIF paperwork. That not only undercuts the idea that RIF planning is “excepted” work; it may itself violate the Antideficiency Act by requiring unpaid labor for non-excepted purposes. Courts have historically taken such violations seriously.
What This Means for Federal Employees
For those furloughed, the law guarantees back pay once Congress restores funding. If you are “excepted,” you are required to work now but still receive pay later. Neither category—furloughed nor excepted—suddenly becomes “RIF-able” simply because a shutdown drags on. The protections Congress gave you, from veterans’ preference to bump-and-retreat rights, remain in place.
Mass RIFs rushed through during a shutdown would not only weaken those protections but also cripple agency missions. That’s why unions are asking the court to block OMB and OPM’s guidance before it sets a precedent for future shutdowns.
Practical Steps You Should Take Now
Federal employees should respond calmly but proactively:
-
Save documentation. Keep copies of any shutdown-related emails, memos, or RIF notices.
-
Don’t sign under pressure. Decline “voluntary” separation agreements until you’ve spoken with counsel.
-
Track notice details. Note the date, the stated basis, and your appeal rights on any RIF paperwork.
-
Share accurate information. Rumors spread quickly in uncertain times; clarity helps protect everyone.
Moving Forward Mindfully
It’s natural to feel anxious during a shutdown, especially when your livelihood feels politicized. But remember: the law is not as fragile as the headlines. Agencies cannot unilaterally erase statutory protections. Taking small steps—like documenting notices and consulting with counsel—restores some control.
Our firm is committed to translating legalese, challenging unlawful shortcuts, and standing with federal employees through each funding fight. For deeper analysis and updates, consider exploring our Power Hub resources.
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.
Categories
All Categories #careerprotection #doge #federalemployment #mindfulness #stressmanagement administrative cuts administrative law administrative leave administrative procedure act afge afge lawsuit afge v. trump agency closures agency cuts agency funding risks agency independence agency inefficiencies agency instability agency oversight agency reorganization agency rights agency shutdown agency shutdowns ai and privacy ai in government ai surveillance alien enemies act alternative pay plan americorps cuts anti-deficiency act apa appeals court trends appointments clause appropriations law at-will status attorney hiring attrition vs rif awards policy awol defense benefits continuity bipartisan legislation black federal employees black federal workers black women in federal service bls bls independence blue collar federal workers box breathing budget cuts budget law budget officers budget transparency bureau of labor statistics burnout prevention career protection career stability careerprotection cdc cdc advisory committee cdc employee rights cdc leadership cdc recall cdc resignation cdc terminations cfpb layoffs cfpb rif checks and balances chemical safety board civil rights civil rights enforcement civil rights protection civil service civil service integrity civil service protection civil service protections civil service reform civil service rights class action class action lawsuits class actions classified information collective bargaining competitive service rights conflict of interest congressional budget bill congressional budget cuts constitutional law constitutional rights continuing resolution contract obligations coping with stress court orders cpsc credibility in hearings ctap cybersecurity threats d.c. home rule act d.c. national guard data integrity data security dc home rule act deferred resignation deferred resignation program deferred resignation programs dei dei ban dei cuts dei executive order dei in government dei in stem dei policies dei research dei retaliation deia democracy protection department of defense department of education department of state department of war dhs dhs discipline directed reassignment disability accommodation disability retirement disability rights disaster preparedness disaster readiness disaster response disciplinary defense discipline changes discovery process discrimination discrimination law disparate impact district court injunctions dod civilians dod pay freeze dod reorganization doe injunction doge doge policy doge reform doi employees doj credibility doj lawsuit drp buyouts drp decisions due process due process federal employment due process rights due process violations dueprocess early retirement eeo challenges eeo complaints eeo guidance eeo laws eeo process eeo protections eeo rights eeoc eeoc claims eeoc complaints eeoc guidance elon musk emergency response policy emergencymanagement employee protections employee rights employee stress management employeeprotections employment law eo 14210 eopf audit epa epa discipline epa layoffs equal protection equity in government ethics compliance ethics in government excepted employees executive order executive order 14251 executive order 14317 executive order challenge executive orders executive overreach executive power faca facial recognition fbi agents fbi reform fda oversight fed chair fed legal help fed strong community federal benefits federal benefits cuts federal budget law federal buyouts federal career defense federal career protection federal court updates federal discipline federal employee advocacy federal employee discipline federal employee ethics federal employee protection federal employee protections federal employee rights federal employee rights, federal employee support federal employees federal employment federal employment law federal employment rights federal employment stability federal employment, federal funding federal hiring freeze federal hiring reform federal job cuts federal job loss federal job protection federal job protections federal job rights federal job security federal job termination federal jobs federal labor rights federal law federal layoff rights federal layoffs federal pay federal pay freeze federal pay raise federal pensions federal probation federal records compliance federal reserve federal retirement federal rif federal shutdown federal statistics federal wage system federal workforce federal workforce laws federal workforce policy federal workforce protection federal workforce protections federal workforce rights federal workforce stability federal workplace federal workplace protections federal workplace rights federal workplace safety federalemployeeresources federalemployment fehb fehb audit fehb benefits fehb termination fema fema cuts fema employees fema workforce fers fers annuity supplement fers pension fers retirement fers supplement fevs 2025 fifth circuit filing deadlines financial preparedness first amendment first amendment retaliation first amendment rights fletc flra fmcs cuts food safety for-cause removal foreign emoluments clause forest service buyouts fork in the road free speech free speech rights furlough guidance furlough rights gao report government accountability government agencies government budget cuts government careers government cuts government downsizing government ethics. government funding government funding, government integrity government job security government jobs government layoffs government oversight government policy changes government rebrand government regulations government shutdown government transparency government waste government workforce governmentjobs governmentreform grand jury gsa buildings gsa layoffs gsa workforce harassment hatch act health benefits health coverage hhs employees hhs lawsuit hhs layoffs hhs reduction in force hhs reorg hhs rif hhs testimony historical accuracy hr letters hr modernization hr policy hr system failures hud hud layoffs humphrey’s executor ice agents ice hiring ice reassignments ice surge ig firings immigration law immigration raid impoundment control act independent agencies indictment inspector general inspectors general institutional knowledge insurrection act interior department irs delays irs layoffs irs reduction in force irs terminations irs workplace issues job loss recovery job protection job protections job reclassification job scams job search job security job security strategies job termination judge illston ruling judge illston rulings judicial independence know your rights labor relations law day 2025 law enforcement pay law enforcement training law enforcement transparency layoffs legal accountability legal advice legal advocacy legal challenges legal compliance legal defense legal guidance legal protection legal representation legal rights legal rights for feds legal strategy legal update legal updates legal updates for federal employees legalsupport lgbtq rights lisa cook local democracy locality pay luévano consent decree management directed reassignment mantra mass layoffs mcmahon v. new york medical accommodation medical ethics medical privacy mental health merit hiring plan merit system merit system principles merit systems merit systems protection merit systems protection board merit-based hiring military spouses mindful federal employee mindful federal employment mindful leadership mindful workplace mindfulness mindfulness at work mindfulness at work, mindfulness for employees mindfulness in government mindfulness in the workplace mission drift mspb mspb appeal mspb appeals mspb deadlines mspb reinstatement mspb rights mspb ruling museum staff rights nasa national guard national parks national security national security law nationwide injunctions ndas in government nepotism law nih funding nih rif ninth circuit ninth circuit stay nlrb ofccp omb omb apportionment omb apportionments open season opm opm authority opm contracts opm final rule opm firings opm guidance opm hiring memo opm hiring policies opm lawsuit opm memo 2025 opm policy opm policy update opm reform opm regulations opm relocation opm rule opm rule changes opm rulemaking opm rules opm ruling opm staffing crisis opm suitability rule opm termination opm waivers osc case osc closure osc complaints osc investigation osc lawsuit osc nomination osc nominee osc reversal osha investigations parental leave pay and benefits pension reform pentagon directive pentagon job cuts pentagon rebrand performance improvement plan performance improvement plans performance management personnel file expungement pips pocket rescission political appointees political appointments political discrimination political interference posse comitatus postal service presidential authority presidential ethics presidential power privacy act privacy rights pro se representation probationary employee rights probationary employees probationary federal employees probationary federal employment probationary period probationary status probationary termination probationaryemployees procurement law professionalism progressive discipline prohibited personnel practices project 2025 protect federal career protecting federal career protecting federal careers public comment violations public health public safety emergency public sector downsizing public service public service integrity public service stress management public trust publicservice reasonable accommodation reasonable accommodations reassignment reconciliation bill reduction in force rehabilitation act religious accommodation religious discrimination religious freedom relocation costs relocation rights remote law jobs remote work removal notice period removal protections reorganizing government act reporter shield rollback retaliation retaliation cases retaliation defense retaliation protection retention register retirement planning retirement processing return to office rfk jr. rhode island case rif rif alternatives rif anxiety rif appeals rif avoidance rif cases rif deadlines rif defense rif guidance rif injunction rif law rif lawsuit rif lawsuits rif layoffs rif litigation rif notice rif notices rif preparation rif procedures rif resources rif rights rif risk rif rules rif strategy rif supreme court case rif supreme court decision rif suspension rif updates rifs rule of law russell vought schedule f schedule g scientific innovation scientific integrity scientificworkforce scotus layoffs scotus lets education department rifs move forward security clearance self-representation senate legislation separation of powers ses protections ses ratings severance pay sf 50 guide sf-50 guide shadow docket smithsonian review social media discipline social security social security data socialsecurity space command ssa ssa data breach ssa layoffs staffing shortages state department state department layoffs state department rif state secrets doctrine stress management stress reduction student loans suitability review suitability standards supreme court supreme court decisions supreme court ruling supreme court rulings supreme court rulings, supreme court shadow docket supreme court stay taxpayer privacy tdys telework telework policies telework policy telework protections telework rights telework rules termination tiktok algorithm title 5 protections title 5 rights title vii title vii rights toxic leadership transparency trial period trump administration trump legal issues trump v. afge tsa tsa workers tsp unfair labor practice union contracts union protections union rights unionrights universal injunctions unlawful terminations unsafe work conditions usaid shutdown usda relocation usps independence va employees va job cuts va layoffs va mission review va rif va staffing va staffing crisis va union contracts va union rights vaccine policy veteran care veterans affairs veterans health administration veterans preference veteransaffairs virtual hearings war powers resolution watchdog oversight whistleblower protection whistleblower protection act whistleblower protections whistleblower retaliation whistleblower rights wildfire staffing work-life balance worker rights worker safety workforce downsizing workforce equity workforce reduction workforce restructuring workforce retention workforce rights workplace accessibility workplace accommodations workplace culture workplace dei workplace disability rights workplace discipline workplace discrimination workplace diversity workplace fairness workplace justice workplace leadership workplace mindfulness workplace protections workplace resilience workplace retaliation workplace rights workplace safety workplace stability workplace stress workplace stress management workplace surveillance workplace trauma workplace violence workplace wellness workplaceprivacy workplacerights workplacewellness wrongful termination