The Need to Fill Mission-Critical Roles Could Leave IRS Managers Vulnerable

Role Reinstatement

In the wake of many federal employees participating in the Deferred Resignation Program (DRP), the Internal Revenue Service (IRS) has been warned by an agency watchdog that too many employees may have taken the DRP, creating an understaffing issue in critical IRS roles. To ensure they are properly staffed for next year’s filing season, the IRS will offer some employees the opportunity to rescind their deferred resignation applications and remain in their positions.

The DRP recissions will be agency-initiated, meaning it will fall to the agency to decide which employees are needed to fill critical roles. Employee-initiated DRP recissions will not be considered. Upon Treasury approval, the IRS Human Capital Office will begin contacting employees the agency would like to invite back. This process could leave federal managers and supervisors vulnerable to allegations of wrongdoing on multiple fronts.  A FEDS Protection professional liability insurance (PLI) policy can help protect federal managers if they are subject to allegations of misconduct and wrongdoing while navigating this uncharted territory.

Agency Adjustment

IRS managers and supervisors may be expected to provide input and determinations on who to offer DRP recissions. The roles being hired back, which will include 400 revenue agents and 300 revenue officers, are considered mission-critical, therefore managers must carefully consider which employees to extend the offer to. Employees’ prior performance ratings, responsibilities, and records may be considered while making these decisions.

Failing to adequately fill these roles could cause critical understaffing, making the selection of employees that much more important. DRP recissions are the preferred method of staffing because these employees are adequately trained for the job and further training is most likely not needed. However, if the employees decline to rescind their DRP and do not fill the necessary roles the IRS needs to achieve adequate staffing, the agency will turn to other methods, including details, reassignments, and external hiring, all of which would require additional training. The additional training could decrease efficiency, something that IRS managers and supervisors could be called to answer for.

Pending Pressure

IRS managers and supervisors have a tall order to fill with the personnel needs of the agency. The pressure is on them to fill the mission-critical roles in a timely manner to avoid understaffing and employee fatigue, leaving them at a risk of making decisions and subsequent mistakes that can lead to allegations of wrongdoing.

If mistakes are made, managers could be subject to investigations into their actions taken and instructions given based on the evolving policies. Allegations and investigations can lead to disciplinary actions, which can lead to suspensions and terminations, or even personal capacity lawsuits against you. If an allegation is made against you, it is a necessity, not luxury, to have knowledgeable and effective counsel advocating on your behalf.

Professional Protection

As the professional liability insurance (PLI) provider endorsed by the leading federal manager associations, FEDS Protection offers federal employee PLI policies with $1 million, $2 million, or $3 million in civil liability protection for attorney’s fees and indemnity costs in the event you are sued in your civil capacity.  The FEDS policy also includes $200,000 of legal representation coverage for administrative actions and $100,000 of coverage for criminal defense costs. 

Annual premiums for FEDS Protection PLI start at $290.  Additionally, federal managers, supervisors, and law enforcement officers are eligible for a reimbursement of up to 50% the cost of their PLI policy through their agency. To learn more about how a FEDS PLI policy can protect you and your career, visit www.fedsprotection.com or call (866) 955-FEDS, Monday-Friday, 8:30am-6pm EST to speak directly to a representative.

*This article is provided for informational purposes only and does not constitute legal advice.