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DOGE RIF'd my entire division at USAID — what are my severance and appeal rights?

Started by USAIDgirl · Jan 18, 2026 · 847 views · 4 replies
For informational purposes only. Federal employment law is complex and evolving rapidly under current executive actions. Consult a qualified federal employment attorney for advice specific to your situation.
UA
USAIDgirl OP

I'm a GS-13 program analyst at USAID. Last Friday our entire Office of Gender Equality and Women's Empowerment was notified that we're being RIF'd effective March 1 as part of the DOGE workforce reduction. 43 people in my division, gone. We got a one-page memo citing "agency restructuring pursuant to Executive Order 14XXX" but zero specifics about severance, buyout options, or appeal rights.

I've been a federal employee for 11 years with consistently outstanding performance reviews. I have no idea what just happened or what my options are. Some questions:

  • Am I entitled to severance pay? If so, how is it calculated for GS employees?
  • I've heard about VERA/VSIP buyout options — is that something USAID has offered, or is it agency-by-agency?
  • Can I appeal the RIF to the Merit Systems Protection Board (MSPB)? What are the timelines?
  • Is this even legal? The memo didn't cite any specific statutory authority beyond a vague executive order reference. We had no warning — one day everything was normal, the next day we're told our jobs are gone in 6 weeks.

Any feds who've been through a RIF before — or attorneys who handle these cases — I would really appreciate your input. I'm trying to stay calm but 11 years of service and this is how it ends.

FO
FormerOPM_HRspec

Former OPM HR specialist here (retired 2024 after 28 years). I've administered dozens of RIFs across multiple agencies. The RIF process has specific legal requirements under 5 CFR Part 351 that agencies cannot skip regardless of what executive order initiated the action.

Let me address your questions:

WARN Notice Requirement: Agencies must provide a minimum 60-day specific written RIF notice to each affected employee under 5 U.S.C. 3502(d). This is not the same as a general "heads up" memo. The specific notice must identify your competitive area, competitive level, retention standing, and any positions you're entitled to through bump or retreat rights. If you only received a vague one-page memo on January 17, that clock hasn't started yet. The 60-day notice must be individualized.

Severance Calculation: Under 5 U.S.C. 5595, severance pay for a RIF'd federal employee is calculated as follows:

  • One week of basic pay for each of your first 10 years of creditable service
  • Two weeks of basic pay for each year of service beyond 10 years
  • An age adjustment factor: add 2.5% to the total for each full 3 months of age over 40

For a GS-13 Step 5 with 11 years of service at age ~40, you're looking at roughly 12 weeks of basic pay plus the age adjustment. That's approximately $25,000-$30,000 before taxes, depending on your locality pay area. The maximum severance cap is one year of basic pay.

MSPB Appeal: You have the right to appeal the RIF action to the MSPB within 30 days of the effective date (the date you're actually separated, not the date of the notice). The MSPB will review whether the agency followed proper RIF procedures — retention standing, competitive levels, bump/retreat rights. This is where a lot of agencies get sloppy, especially in mass RIFs.

I strongly recommend consulting with an attorney now, before the separation date. Don't wait.

BA
BuyoutAccepted_GS14

I was in a similar situation at the Department of Education. They offered VERA (Voluntary Early Retirement Authority) and VSIP (Voluntary Separation Incentive Payment) before the formal RIF notices went out. I accepted: $25,000 VSIP lump sum plus immediate early retirement at age 53 with 22 years of service under VERA.

Here's what I learned going through the process:

  • VSIP is agency-specific. Each agency has to request VSIP authority from OPM separately. Not all agencies being hit by DOGE reductions have obtained it. You need to ask your HR office directly whether USAID has VSIP authority.
  • VERA eligibility: You can retire early under VERA if you have 25 years of service at any age, or 20 years of service and are at least 50. If you're under 50 with only 11 years, VERA won't help you unless you have prior military service time that counts.
  • The $25K VSIP is taxable as ordinary income in the year you receive it. Plan accordingly — mine bumped me into a higher bracket.
  • Health insurance: If you've had FEHB for at least 5 continuous years, you can continue it into retirement under VERA. This was honestly the biggest factor in my decision. FEHB in retirement is worth more than the $25K.

The buyout isn't great, but with early retirement and continued FEHB, it was better than waiting for the RIF and fighting it. That said, my situation was different — I was eligible for early retirement. At 11 years of service you probably aren't, so the calculus is different for you. I'm sorry you're dealing with this.

EA
EmpLawDC_Atty Attorney

Employment attorney in DC specializing in federal workforce issues. I'm currently representing over 30 federal employees in DOGE-related separation cases across six agencies. There is a critical development that everyone in this situation needs to understand.

Schedule F Reclassification and MSPB Rights: The executive order signed January 27, 2026 reclassifies certain "policy-influencing" positions from the competitive service to the excepted service under what's being called Schedule F (formally "Schedule Policy/Career"). This reclassification is effective March 9, 2026.

Here's why this matters: employees in the competitive service have robust appeal rights to the MSPB for adverse actions including RIFs. Employees in the excepted service under Schedule F do not have the same protections. Specifically:

  • Schedule F employees serve "at will" and can be terminated without the procedural protections of 5 U.S.C. Chapter 75
  • MSPB appeal rights for adverse actions are effectively eliminated for reclassified positions
  • The reclassification applies to positions, not people — if your position is reclassified, your protections change regardless of your tenure or performance history

What this means for you: If your position at USAID is classified as "policy-influencing" (and program analyst positions in policy-focused offices almost certainly qualify), you need to file your MSPB appeal BEFORE March 9 if at all possible. Once Schedule F takes effect, the legal landscape changes dramatically.

Multiple lawsuits challenging Schedule F are pending in the D.C. Circuit and the Federal Circuit. AFGE and NFFE have both filed suit. But no injunction has been issued yet, and the March 9 effective date is approaching fast.

Do not delay. Get an attorney now. Many federal employment attorneys, including my firm, are offering free initial consultations for DOGE-affected employees.

TR
TreasuryRIF_2026

Sharing my experience from Treasury since our timeline is about 3 weeks ahead of yours. Our division (Office of Technical Assistance, International Affairs) got the same treatment in early January. 28 employees RIF'd with a vague one-paragraph memo.

Here's what I've done so far:

EEOC Complaint: I filed an EEOC complaint alleging disparate impact. Our unit was 78% women and 65% people of color, and we were the only division cut entirely while other units with similar functions but different demographics got restructured rather than eliminated. The EEOC has 180 days to investigate, but given the volume of federal complaints right now, don't expect speed.

MSPB Appeal: I also filed an MSPB appeal challenging the RIF procedures. Our agency didn't properly apply retention standing rules — they ignored veterans' preference and tenure group priorities. Two veterans in our unit with higher retention standing than non-veterans were RIF'd while non-veterans in the same competitive level were retained. That's a textbook RIF procedure violation.

Congressional Inquiry: I contacted my member of Congress (I'm in the Maryland delegation). Their office submitted a formal inquiry to Treasury's IG. Not sure this will accomplish anything but it creates a paper trail.

Practical advice: Document everything NOW. Save copies of your SF-50s, performance reviews, position description, the RIF notice, any emails about the restructuring. Do not rely on agency systems — download and save to personal storage. Several colleagues have reported losing access to their government email within hours of the RIF notice with no opportunity to save records.

This is a marathon, not a sprint. Stay organized, get a lawyer, and know that you're not alone — there are thousands of us going through this right now.

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