MSPB APPEAL GUIDANCE FOR SEPARATED HHS EMPLOYEES


Most RIFed CDC employees were separated at close of business on Wednesday, August 20. For those who have been separated and want to appeal, you have 30 days from the date of your separation to file an appeal with the MSPB.  You can do this either on your own (also called filing pro se) or with the help of an attorney. If you were separated on August 20, the deadline to file your appeal is September 20. 

It appears that MSPB is planning to consolidate these appeals (rather than considering them as a class appeal), which will allow them to move forward as a group (rather than being considered individually).

If you decide to file pro se, you will need to use MSPB’s e-appeal system. Please note that this system is not user-friendly. It is recommended that you have your appeal fully prepared before entering it into this form, as it is slow to load and often times out. Below are some resources that you may find helpful as you prepare your filing. Note that you can cite news articles as evidence in your filing - this is done in federal court all the time!

The law

The facts

  • The notices sent to RIFed employees on March 31 cited agency reorganization as the reason for the RIF. However, there was no finalized reorganization of HHS when the RIF notices were sent, nor was there even an approved proposal. 

  • The current agency structure was funded through September 30, 2025 by a continuing resolution from Congress, which appropriated funding at FY 2024 levels.

  • The proposed reorganization of HHS has not been approved by Congress, and it would likely require Congressional approval to be legal.

  • HHS did not follow its own internal procedures, either for a reorganization or a RIF (e.g., HHS Instruction 351-1-40(B) and HHS Instruction 351-1-90).

  • For many RIFed employees, their competitive areas did not comply with the RIF regulation. 5 CFR § 351.402(b) specifies that “[t]he minimum competitive area is a subdivision of the agency under separate administration within the local commuting area.”  

  • Some eliminated units are Congressionally mandated. If you were in a unit that is required by statute, make sure you note this (and include the statute) in your appeal.

  • The determination of the necessity of a RIF did not comply with the law, which requires that each agency be responsible for determining that a RIF is necessary. However, news reports indicate that the RIF is being directed by DOGE.

The step-by-step

Keep in mind that you can file an initial appeal on your own and then retain an attorney later to amend your appeal and help with processes such as discovery. If you are interested in filing pro se and would like additional guidance and resources, including connecting to groups within your OPDIV preparing appeals, please reach out to the Fired But Fighting team at info@firedbutfighting.org.