KNOW YOUR RIGHTS
KNOW YOUR RIGHTS
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Federal civil servants are protected under the Merit System Principles (5 USC § 2301) and Prohibited Personnel Practices (5 USC § 2302(b)).
Key rights include: Hiring based on merit, equitable treatment, equal pay for equal work, protection from arbitrary actions, favoritism, discrimination, political coercion, and retaliation.
Termination Rights: You are entitled to at least 30 days' notice and an opportunity to respond to allegations (5 U.S.C. § 7513). You have the right to appeal the termination (5 U.S.C. § 7701). During the appeal process, you can have representation by a lawyer, friend, or union rep (5 U.S.C. § 7114). If the appeal is successful, you must be reinstated with back pay and benefits (5 U.S.C. § 5596).
Right to form a union: Federal employees can join or form unions to collectively negotiate for better working conditions and benefits (CSRA, 5 U.S.C. § 7102).
Weingarten Rights: If you have a union, you can request union representation during meetings that you reasonably believe may lead to discharge, discipline, demotion, or other adverse consequences.
Contact the Merit Systems Protection Board (MSPB) to appeal adverse personnel actions (e.g., termination, demotion) or other employment disputes, Office of Special Counsel (OSC) to report prohibited personnel practices, whistleblower retaliation, or Hatch Act violations, Equal Employment Opportunity Commission (EEOC) to file discrimination complaints based on race, color, sex, disability, religion, or national origin, Federal Labor Relations Authority (FLRA) for disputes related to federal employee unions, collective bargaining, and unfair labor practices.
The DoD must follow specific legal procedures during a RIF.
Retention Priority and Ranking: Employees are ranked for retention based on tenure, performance, veteran's preference, and length of service (5 U.S.C. § 3502).
VERA and VSIP: The Voluntary Early Retirement Authority (VERA) may allow you to retire early with full benefits. The Voluntary Separation Incentive Payment (VSIP) offers buyouts up to $25,000 for voluntary separation (5 U.S.C. § 8336, 5 U.S.C. § 8414).
Bump and Retreat Rights: You may have the right to be reassigned to a different position. This is based on retention standing and applies differently depending on whether you’re in the competitive or excepted service and DoD Mission (5 U.S.C. § 3503).
Notice of Separation: You must receive at least 60 days’ written notice before separation, but that can be shortened to 30 days if the RIF is based on 'circumstances not reasonably foreseeable' (5 U.S.C. § 3502).
Severance Pay: You are entitled to severance pay when involuntarily separated from your position if you have at least 12 months of continuous service and did not decline a reasonable offer for another position (5 U.S.C. § 5595).
Appeal and Grievance Rights: You can appeal RIF-related actions to the MSPB Board (5 U.S.C. § 7701).
Reinstatement and Back Pay: If an employee wins their appeal, they must be reinstated with back pay and benefits (5 U.S.C. § 5596).
Army-Specific RIF Flexibility: The Army has more flexibility in conducting reductions based on mission changes. Civilian positions tied to the Army’s mission may be prioritized differently than in other federal agencies. DoD can offer temporary separations, specialized voluntary separations, and targeted reassignments (10 U.S.C. § 1597).
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