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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Abril-Rivera v. Johnson, 806 F.3d 599 (2015)

Citation
Abril-Rivera v. Johnson, 806 F.3d 599 (2015)
Parent Document
Abril-Rivera v. Johnson, 806 F.3d 599 (2015)
Effective Date
2015-11-17

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. The FEMA handbook, which plaintiffs cite for their contention that FEMA has a policy of uniform layoffs when staffing needs decrease, says no such thing. It simply says that when employees are released based on fluctuating staffing needs, FEMA will consider "one or more” of the following factors: "Performance,” "Job Function,” "Work Schedule Availability,” "Most Recent Hire Date,” and "Production Levels.” There is no indication that FEMA has a hard-and-fast rule that any necessary layoffs would be evenly distributed among the NPSCs.