The White House is telling agencies to consider mass layoffs for positions that aren’t protected from a partial government shutdown, which is set to begin Oct. 1 if the two parties can’t come to a swift agreement on a stopgap funding patch.
Is that legal? The answer appears to be yes, though it’s complicated.
A federal funding lapse in fact looks to be one of the stipulated reasons why “reductions-in-force” are allowed, stemming from statutory authorities going back to World War II-era veterans preferences and a 1966 law codifying organization of the federal government.
The latter grants regulatory authority to the Office of Personnel Management, which prescribed RIF regulations starting in 1986. The rules for “release” of covered employees cite a handful of reasons, including reorgan