Pursuant to 5 U.S.C. § 7106, your department or agency has the right to reassign you from one position to another without your prior consent. See 5 U.S.C. § 7106; and 5 C.F.R. § 210.102(b)(12). That includes ending your remote work agreement and changing your duty station to another geographic location that may result in a change in locality pay. If in response to the January 20, 2025, Presidential Memorandum instructing heads of all departments and agencies to terminate remote work arrangements, your department or agency reassigns you to a new permanent duty station outside your current commuting area (i.e., your current official duty station is more than 50 miles from your new duty station), your department or agency is required to provide reasonable advance notice to you. 5 U.S.C. § 5724 (j). Further, your department or agency may also be required to pay relocation allowances, which, include, but are not limited to, allowances for subsistence and transportation, house-hunting trip expenses, and transportation and storage of household goods. See 41 C.F.R. Part 302. However, Temporary Quarters Subsistence Expenses (TQSE) normally remain at the discretion of the department or agency. See 41 C.F.R. Part 302-6.
If you decline a management directed geographic reassignment, your department or agency may use adverse action procedures to involuntarily separate you. However, if your position is not subject to a mobility agreement, this involuntary separation is not for cause, and you potentially are eligible for most benefits afforded to displaced employees separated by a reduction in force, such as severance pay or discontinued service retirement. See 5 U.S.C. §§ 5595 and 8336(d); 5 C.F.R. Part 500 and § 831.503. For example, if you are at least 50 years old with 20 years of creditable Federal service or any age with at least 25 years creditable Federal service, and your department or agency involuntarily separates you for declining a management directed geographic reassignment outside your commuting area when no mobility agreement exists, you should qualify for FERS discontinued service retirement. (See CSRS/FERS Handbook, Chapter 44 https://www.opm.gov/retirement-center/publications-forms/csrsfers-handbook/c044.pdf).
If you receive a management directed reassignment, contact the Jeffrey Law Group, PLLC, at www.jeffreylawgroup.com or 202.312.7100 to schedule a free initial telephone consultation to discuss your options.
The legal information contained in this document is of a general nature and is subject to change; it is not meant to serve as legal advice in any particular situation. The law is in a constant state of change as Congress amends or passes new statutes, Federal agencies issue new regulations and courts issue new interpretations of the law. The Jeffrey Law Group, PLLC does not guarantee the accuracy of the legal information in this document. The Jeffrey Law Group, PLLC recommends you consult a licensed attorney of the firm who is knowledgeable about the area of law in question before you take action to address a legal matter.