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Mike B  
#1 Posted : Monday, March 25, 2019 8:20:49 AM(UTC)
Mike B

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Hello,

I have a few questions about my term appointment, where I am in a permanent slot which is being held while an Army reservist is activated. There is re-structuring and downsizing that will happen, and my big two questions are:

1. If I do not have enough work to do, can they deem my "term appointment project" complete and lay me off or RIF me before my NTE?

2. If they can do this, how much notice must they give me of their action?

I'm new to federalsoup so feedback welcome, and thanks in advance!
frankgonzalez  
#2 Posted : Monday, March 25, 2019 9:53:45 AM(UTC)
frankgonzalez

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Originally Posted by: Mike B Go to Quoted Post
Hello,

I have a few questions about my term appointment, where I am in a permanent slot which is being held while an Army reservist is activated. There is re-structuring and downsizing that will happen, and my big two questions are:

1. If I do not have enough work to do, can they deem my "term appointment project" complete and lay me off or RIF me before my NTE?

2. If they can do this, how much notice must they give me of their action?

I'm new to federalsoup so feedback welcome, and thanks in advance!
Hopefully one of the HR gurus here will weigh in.

That said, you mentioned you are a term appointment filling in for someone who was activated to active duty by the military, and the position is a FTE normally filled by the reservist. Therefore, the odds of you being let go are directly connected to whether that perm position is removed. If it is, the reservist will be RIFed (moved to another position, bump and retreat, etc), and you would be let go. Typically, you would be given plenty of notice as this process is not instant, but I would be looking for a more permanent position right now vs waiting for the reservist to return.

You cannot be RIFed. That can only occur to those in permanent FTE slots. Letting go Term and Temp folks occurs before the RIF hits, so you would simply be let go early. (Any HR gurus, please correct me if I am wrong!!). Temp and Term positions have little protections with regard to RIFs etc.

Edited by user Monday, March 25, 2019 9:54:15 AM(UTC)  | Reason: Not specified

You should have voted Cthulu...the greatest of all Evils
GWPDA  
#3 Posted : Monday, March 25, 2019 10:24:24 AM(UTC)
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I am not an HR person but I am a Term person (at the moment). If you are a Term, your appointment is for a period of time not to exceed some amount of time greater than one year. You will be re-appointed each time period. You may not be let go before the conclusion of the appointment period except for cause (stealing the tea things, not going to work, all those problems). In the event that the individual whose job you are doing, for a term, returns before the end of your appointment, s/he is going to have to either wait for your appointment to end, or you might be shifted somewhere else -until- your appointment ends. Keep in mind that as a Term employee you are not 'casual' and cannot be terminated because there 'isn't enough work.' You are legally appointed as a federal employee thru the end of whatever date is on your SF50.

Now, that said, you -only- have employment thru the end of that date UNLESS you are re-appointed. You have NOT been appointed for the full 2, 3, 4, 5 years that the job was advertised as not to exceed. Your appointment is year+ by year+. If you have not been re-appointed then you will be out of a job. Polite people will inform you of this in a reasonable amount of time, but they don't have to. You cannot be dismissed in the middle of your appointment without cause. Cause does not include the reservist coming back into town.

In other words, this is why one should, if given a choice, choose a Term position over a Temporary one. You do have job protections, you are earning credit to retirement and you do get benefits. For now, check your SF50 and see what date your appointment is up and at least a month or so before, consult with your manager to find out whether you're going to be re-appointed.
thanks 1 user thanked GWPDA for this useful post.
SD Analyst on 3/25/2019(UTC)
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