What to Do If You Receive a RIF Notice During the Shutdown
On October 10, 2025, the administration began issuing Reduction-in-Force (RIF) notices to roughly 4,200 federal employees—even as the government remained shut down. That move, unprecedented in prior shutdowns, hit agencies across Education, HHS, HUD, Treasury and IRS, EPA, CISA, and Commerce. Officials framed it as an “opportunity” to reshape the workforce. But unions and bipartisan lawmakers immediately challenged the legality of the action, and litigation is already underway.
The chaos showed quickly. Within 24 hours, hundreds of CDC employees—some working on essential public health programs like measles and Ebola response—were told their RIFs had been “issued in error.” For everyone else, the notices still stand. But those reversals prove something crucial: nothing is final yet.
Step One: Don’t Resign—Protect Your Rights
A RIF notice is not a termination. Most carry a notice period of around 60 days before the action becomes effective. That window matters. During it, your agency can revise or rescind its plans—and you can preserve your legal rights. If you resign now, you give those up.
Your first step is documentation. Save your RIF notice, recent performance appraisals, and all SF-50s. Write down the effective date listed on the notice—that single date controls your appeal timeline and eligibility for priority reemployment programs.
Step Two: Check the Order of Retention
Federal law requires agencies to follow strict “order of retention” rules—meaning they must consider tenure, veterans’ preference, and performance ratings in deciding who stays. They also must determine whether you have bump or retreat rights to another position in your competitive area. Those errors are common and often correctable. If something doesn’t look right, flag it in writing to your HR office and consider consulting an attorney before the effective date.
Step Three: Activate Your Safety Nets
If you’re still on the rolls, you may qualify for priority consideration for other internal vacancies. If you are eventually separated, you could be eligible for governmentwide Priority Placement Programs (PPP) and special reemployment rights. Ask your HR office for your specific options now—before the effective date arrives.
And remember: if you’re furloughed during this shutdown, the 2019 Government Employee Fair Treatment Act guarantees back pay when funding is restored. That protection remains law.
Mindful Next Steps
Even for those not yet affected, uncertainty is its own stressor. Use this time to update your federal résumé, download your personnel records, and review your service computation date. If you supervise others, communicate early and often; quiet fear festers faster than facts.
Our firm will continue tracking the pending litigation challenging these RIFs and posting verified updates as they unfold. For deeper guidance on navigating RIFs, MSPB appeals, and your reemployment rights, you can find resources in our Power Hub.
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.