Make sure to keep all Communications from the Agency, which can include but are not limited to:

• RIF Notice/ Notice of Tenure Group:

  • Veterans Preference 

  • Bump and Retreat Rights 

  • Records of Special Placement Programs

  • Disability and Restoration of Rights Records 

• Position & Organization Records:

  • Position Description 

  • Organization Charts

  • Series/ Grade Information

• Extra Documentation that may be beneficial for specific types of legal challenges:

  • Evidence of Disparate Treatment amongst similarly situated employees 

  • Evidence of Discrimination based on a protected class (age, race, sex, disability, etc.)

  • Evidence of Whistleblower, or other protected activity 

  •  Settlement Agreement or Legal Decisions

§ 7102. Employees' rights

Each employee shall have the right to form, join, or assist any labor organization, or to refrain from any such activity, freely and without fear of penalty or reprisal, and each employee shall be protected in the exercise of such right. Except as otherwise provided under this chapter, such right includes the right--

      (1)     to act for a labor organization in the capacity of a representative and the right, in that capacity, to present the views of the labor organization to heads of agencies and other officials of the executive branch of the Government, the Congress, or other appropriate authorities, and

      (2)     to engage in collective bargaining with respect to conditions of employment through representatives chosen by employees under this chapter.

§ 7106. Management rights

(a)     Subject to subsection (b) of this section, nothing in this chapter shall affect the authority of any management official of any agency--

      (1)     to determine the mission, budget, organization, number of employees, and internal security practices of the agency; and

      (2)     in accordance with applicable laws--

      (A)     to hire, assign, direct, layoff, and retain employees in the agency, or to suspend, remove, reduce in grade or pay, or take other disciplinary action against such employees;

      (B)     to assign work, to make determinations with respect to contracting out, and to determine the personnel by which agency operations shall be conducted;

      (C)     with respect to filling positions, to make selections for appointments from--

      (i)     among properly ranked and certified candidates for promotion; or

      (ii)     any other appropriate source; and

      (D)     to take whatever actions may be necessary to carry out the agency mission during emergencies.

(b)     Nothing in this section shall preclude any agency and any labor organization from negotiating--

      (1)     at the election of the agency, on the numbers, types, and grades of employees or positions assigned to any organizational subdivision, work project, or tour of duty, or on the technology, methods, and means of performing work;

      (2)     procedures which management officials of the agency will observe in exercising any authority under this section; or

      (3)     appropriate arrangements for employees adversely affected by the exercise of any authority under this section by such management officials.