Employer Retaliation After DOGE layoff with inadequate severance

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Started by exhibit_a_hole_10 · Oct 4, 2024 · 2,046 views · 2 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
EA
exhibit_a_hole_10 OP

EDIT: added more context below. Has anyone dealt with something like this? I'm not sure what my options are.

DOGE layoff with inadequate severance. I've been dealing with this for about 6 months now and the situation isn't improving.

I have worked at this company for 5 years. My position is non-exempt and I do not have a written employment agreement beyond the standard offer letter.

Am I overthinking this or is this a real legal issue worth pursuing?

TC
tiffany_c_23

Have you tried reaching out to your state's bar association? They sometimes have free resources or mediation services.

PA
practical_advice_27

Following this thread โ€” Are you me? Literally going through this rn.

SM
smallbizhelp_5

Adding my experience: I was with a federal agency for 9 years. When the DOGE-related RIF came through, they gave us 30 days notice and offered 2 weeks severance โ€” for NINE YEARS of service. No VERA/VSIP (voluntary early retirement or buyout) was offered even though those programs were available no cap.

What really bothers me: colleagues in the same office who were politically connected got transferred to other positions. Those of us who weren't connected got the RIF notice. Classic prohibited personnel practice?

TC
this_cant_be_right_4

Several issues here:

RIF procedures: Federal RIFs must follow 5 CFR Part 351 strictly. Retention standing is based on tenure, veteran status, length of service, and performance ratings โ€” NOT political connections. If the RIF didn't follow proper competitive levels and retention registers, it can be challenged at the MSPB.

Prohibited personnel practices: If selections were based on political affiliation or connections rather than proper RIF procedures, that's a violation of 5 U.S.C. ยง 2302(b)(1). Report it to the Office of Special Counsel (OSC).

VERA/VSIP: Agencies aren't required to offer early retirement buyouts during a RIF, but failure to offer available VERA/VSIP before conducting a RIF may indicate the agency was more interested in targeting specific employees than genuinely reducing force.

Timeline: You have 30 days from the effective date to appeal to the MSPB. Don't miss this deadline. Also file a complaint with OSC for the prohibited personnel practice allegation.