KCNF attorney Keir Bickerstaffe authored an op-ed in Government Executive examining the uncertainty facing federal employees who were subjected to reductions in force (RIFs) during the recent government shutdown, many of which have now been rescinded under the continuing resolution that reopened the government.
While the continuing resolution halted RIFs conducted between October 1 and November 12 and requires agencies to reinstate affected employees with back pay, Bickerstaffe explains that implementation has been inconsistent. Some agencies moved forward with layoffs during the shutdown in offices perceived as less aligned with the administration’s priorities, leaving many employees unsure whether they will be returned to their positions.
Bickerstaffe also notes that the continuing resolution’s language is broad enough to apply to RIFs across the federal government, including to Foreign Service Officers and other categories of employees not typically covered by civil service statutes. How agencies interpret those provisions will determine who is reinstated and who is not.
Meanwhile, the Merit Systems Protection Board (MSPB), which paused all litigation during the shutdown, is now preparing for a surge in appeals from employees contesting their removals. Delays in reinstatement and appeal processing prolong both personal and agency disruption, compounding the instability caused by the shutdown.
The op-ed underscores a broader point: shutdowns expose vulnerabilities in the federal employment system. As Bickerstaffe writes, “Congress and the administration should reaffirm and enforce the safeguards that already prohibit political targeting through RIFs. The Civil Service Reform Act and related statutes and regulations are clear; what is missing is consistent compliance and accountability when those protections are ignored. The merit-based civil service depends on consistency and fairness, not improvisation every time a budget deal falters. Federal employees should not become bargaining chips in political standoffs.”
The full op-ed is available on the Government Executive website.