When the government shuts down, federal employees brace for temporary furloughs. Historically, that has always been the rule: you’re sent home, you wait, and—when appropriations resume—you receive back pay.

This time is different.

The Trump administration has issued a directive telling agencies to treat the shutdown as a springboard for permanent Reductions in Force (RIFs). If you’re a federal employee, you need to understand exactly what this means for your job, your rights, and your future.

Shutdown Furloughs vs. RIFs: Two Different Worlds

A shutdown furlough is temporary. It’s mandated by the Antideficiency Act: no funding, no work—unless you’re in one of the narrow “excepted” categories (protecting life and property, carrying out constitutional duties, or funded outside annual appropriations). Once Congress passes a funding bill, furloughed employees return to work with back pay.

A RIF, by contrast, is permanent. Agencies use RIFs to reduce staff when there’s a lack of funds, a reorganization, or a change in personnel ceilings. Employees separated in a RIF do not automatically return when funding resumes. Instead, they lose their jobs, though some may have limited rights to reassignment or bump/retreat opportunities under Office of Personnel Management (OPM) rules.

The two processes are legally distinct. Until now, no administration has tried to use a shutdown—a temporary funding lapse—as justification for permanent workforce cuts.

What the Administration Is Attempting

The Office of Management and Budget (OMB) recently told agencies to issue RIF notices to employees in programs or projects that:

  1. Lose discretionary funding on October 1, 2025,

  2. Lack other funding sources, and

  3. Are “inconsistent with the President’s priorities.”

This is a radical departure. It blends shutdown furlough categories with RIF categories—two systems that, legally speaking, are “apples and oranges.”

Are Shutdown-Related RIFs Legal?

The short answer: this is untested.

  • No statute explicitly allows shutdowns to be used as a basis for RIFs.

  • Neither the Merit Systems Protection Board (MSPB) nor federal courts have squarely ruled on this issue.

  • Precedent suggests courts usually defer to agencies on workforce composition if proper RIF procedures are followed.

In other words, while the legality is debatable, the administration might succeed—so long as agencies comply with OPM’s strict procedural rules.

How Employees Can Challenge RIFs

Even if the courts recognize shutdown-related RIFs as lawful, employees have avenues to fight back:

  • Procedural Errors: Agencies must prepare retention registers, apply veterans’ preference rules, and give at least 30 days’ notice. Any slip-up can invalidate a RIF.

  • Pretext: If a RIF is really retaliation (union activity, whistleblowing, discrimination), employees can challenge it as a prohibited personnel practice.

  • Improper Classification: If you should have been retained based on seniority, tenure group, or bump/retreat rights, you may have grounds for reinstatement.

  • Constitutional/Statutory Violations: If RIFs are applied in ways that violate equal protection or exceed statutory authority, they can be challenged in court.

The problem: large-scale RIFs are hard to beat. Courts give agencies wide discretion on “management considerations.” But they scrutinize sloppiness, bias, and violations of veterans’ preference.

How NSLF Can Help

At the National Security Law Firm, we’ve built our reputation fighting high-stakes federal employment cases across the nation. When agencies push the limits of their authority, we’re the team that pushes back.

Here’s how we serve employees facing shutdown-related RIFs:

  • Rapid review of RIF notices and retention registers. We find errors others miss.

  • Veterans’ preference enforcement. We make sure agencies honor your service.

  • MSPB appeals. We represent employees challenging RIFs at the Merit Systems Protection Board.

  • Whistleblower protection. If your RIF is retaliation, we’ll prove it.

  • Nationwide representation. No matter where you’re stationed, our team fights for you.

  • Flexible financing. With legal financing options, you can challenge a RIF now and pay over time (3–24 months).

Why Choose NSLF?

  • Backed by a team of former federal employees, military JAG officers, and agency insiders.

  • Located in Washington, D.C.—the hub of federal employment law.

  • 4.9-star Google reviews from clients nationwide.

  • We maximize case value, explore every avenue of relief, and fight like the government is fighting you.

National Security Law Firm: It’s Our Turn to Fight for You.

Ready to Take the Next Step?

If you’ve received a RIF notice—or fear one may be coming—don’t wait. Agencies move quickly, and the window to respond is short.

📅 Book a one-hour consultation for $500 online today. In that session, you’ll receive a detailed case review, answers to your most pressing questions, and a clear strategy for moving forward.

More Shutdown Resources for Federal Employees

The shutdown raises many legal questions beyond RIFs. We’ve built a series of guides to help you understand your rights and options:

Each post dives deep into a different issue—together, they form the most comprehensive resource online for federal employees navigating a shutdown.