HHS Layoffs Face Legal Scrutiny Amid Allegations of Improper Procedures

The U.S. Department of Health and Human Services (HHS) is facing potential legal challenges over its recent massive layoffs, as employment experts and affected employees raise concerns about the legality and execution of the reduction-in-force (RIF) process. The layoffs, which cut approximately 10,000 positions from the federal health department, have been marred by confusion, alleged procedural violations, and a lack of transparency.

Questionable RIF Procedures Spark Legal Concerns

Legal experts and former government officials have identified several issues with how the HHS conducted its RIF:

• Entire offices were closed, including some mandated by law, without following proper ranking procedures.
• Discrepancies in how employees were selected for termination, with some offices partially cut despite RIF notices indicating entire competitive areas were to be separated.
• Incorrect information on termination letters, including wrong office names and performance scores.
• Lack of transparency with department heads and HHS unions regarding the RIF process.

Tamara Slater, a shareholder at employment law firm Alan Lescht and Associates, stated, "I do think that there are a fair number of pieces, while looking over the RIF notices, that don't seem to have been properly followed." She added that the HHS appears to be trying to circumvent RIF regulations by separating entire competitive areas without actually separating everyone in those areas.

Unions and Law Firms Mobilize for Potential Legal Action

In response to the alleged improprieties, unions and employment law firms are exploring legal options:

• The National Treasury Employees Union (NTEU) has filed an institutional grievance against HHS for violating RIF procedures and breaking its contract by not providing proper notice.
• At least two Washington, D.C.-area law firms, including Gilbert Employment Law and Federal Practice Group, are communicating with affected HHS employees and considering class-action lawsuits.
• Federal Practice Group plans to file class action appeals with the Merit Systems Protection Board (MSPB) on behalf of hundreds of HHS employees who received RIF notices with errors.

Debra D'Agostino, founding partner of Federal Practice Group, told Healthcare Dive, "We have been contacted by hundreds and hundreds of HHS employees at multiple subagencies issued RIF notices with errors ranging from odd definitions of their competitive area to incorrect performance ratings, veterans' status, and service computation dates."

Confusion and Controversy Surrounding the Layoffs

The RIF process has been characterized by confusion at all levels of the HHS:

• HHS Secretary Robert F. Kennedy Jr. acknowledged being unaware of the full scale of the cuts, suggesting that up to 20% of affected employees could be reinstated – a claim later contradicted by other HHS officials.
• Employees report receiving conflicting information and unclear directives regarding the layoffs.
• The closure of entire offices, including some mandated by law, has raised questions about the department's ability to fulfill its statutory obligations.

A longtime NIH employee who was not affected by the RIF commented, "This has been done so sloppily and so carelessly. It's just staggering to me, the incompetence of this."

As legal challenges mount and affected employees seek recourse, the outcome of these layoffs remains uncertain. The situation highlights the complexities of federal workforce reductions and the potential consequences of bypassing established procedures in the pursuit of rapid organizational changes.