RIFs and Furloughs, the Federal Way

As the federal fiscal year draws to a close, thousands of federal employees face an unsettling possibility if a continuing resolution is not passed: not just another shutdown and temporary furlough, but permanent layoffs through Reduction in Force (RIF) notices.

This week, the Office of Management and Budget (OMB) instructed federal agencies to consider issuing RIF notices to employees (if certain conditions are met) rather than the usual temporary Furlough notices issued during shutdowns.

This is a big shift. But it does not mean layoffs are guaranteed. If they occur, federal employees are protected by a robust set of legal rights.

There’s still a process before a RIF can be properly issued, complete with notice rights, retention rights, appeal rights and such other rights that the OMB does not purport to usurp.

That said, we understand that the anxiety of this uncertain moment is real. Here are some tips to best prepare for the unknown, come the end of the federal fiscal year:

Download Your eOPF, ASAP

o Your electronic Official Personnel Folder may become inaccessible during a shutdown. Download it now to preserve your employment records.

Download Your last 3 Performance Appraisals, ASAP

o Include mid-year reviews and commentary. These documents may affect retention rights in a RIF. Also save records of other awards, commendations, and other notable performance records.

Save Key Communications

o Save emails, memos, or notices from HR or supervisors about your employment status or shutdown protocols.

Ask Questions

o Supervisors, HR, and union reps are navigating this too. Don’t hesitate to ask questions.

If you receive a RIF notice or suspect you were subject to procedural violations, don’t hesitate to

reach out to us for our advice. We are here to help.

Shutdowns may be political. Your livelihood is personal. Let us help you safeguard it.

-Adrienne Langmo, Partner

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Received a Notice of Proposed Discipline? 3 Steps Federal Employees Must Take Now

By Adrienne Langmo • April 21, 2026

Receiving a Notice of Proposed Discipline, particularly of a proposed removal, is one of the most stressful experiences a federal employee can face. Whether you work for the Veterans Administration, Internal Revenue Service, Department of Defense, or U.S. Forest Service your career, pension, and livelihood are suddenly on the line. Panic is a natural reaction, but it is not a strategy. If you have been handed proposed discipline, here are three steps you must take immediately. 1. Check Your Deadlines In the federal sector, the clock starts ticking the exact moment you receive your notice. Federal employees typically have only 7 to 14 days to submit a formal response. Missing this strict deadline forfeits your right to defend yourself before a final decision is made. 2. Request the Evidence File Your agency cannot simply fire you without proof. You have the absolute right to review the materials they relied upon to propose your removal. We scrutinize this evidence against a set of aggravating and mitigating factors, often called the "Douglas Factors," to determine if a penalty is appropriate. Often, agencies overreach, and a strong defense can expose that. 3. Secure Your Right to Reply In response to most forms of discipline, you have the right to provide both a written response and an oral reply to the Deciding Official. Having legal counsel on your side ensures your response is strategic, professional, and focused on mitigating the penalty or stopping the disciplinary action entirely. The Takeaway: Federal employment law is a highly specialized field. A general, private-sector employment lawyer often does not know the unique rules, acronyms, or administrative courts governing federal employees. You need counsel with specific experience dealing with federal agencies. At Freeman Lovell, we have our very own experienced Federal employment law practitioner, Adrienne Langmo. If you have received a Notice of Proposed Discipline, don’t navigate it alone—contact Adrienne Langmo today for experienced guidance and help.