A federal judge has paused the deadline for federal employees to accept the Trump administration’s deferred resignation offer, citing ongoing legal proceedings that may further halt the program.
A federal judge has paused the deadline for federal employees to accept the Trump administration‘s deferred resignation offer, citing ongoing legal proceedings that may further halt the program.
The administration had set a Thursday deadline for eligible workers to decide whether to take the offer, which would allow them to leave their jobs but be paid through the end of September. However, US District Judge George O’Toole has temporarily blocked the implementation of the plan as he receives more briefings on its legality.
Background on the Deferred Resignation Offer
The deferred resignation offer was sent to federal employees on January 28 through the administration’s new mass email system. The package aims to shrink the size of the federal workforce and has been met with confusion, concern, and consternation among many recipients.
According to an Office of Personnel Management (OPM) spokesperson, at least 50,000 employees have already accepted the offer, representing about 2.5% of the roughly 2 million federal employees who received the incentive. The White House has said its target is for between 5% and 10% of employees to resign.
Concerns Over Legality and Enforcement
Federal unions have strongly urged members not to accept the package, questioning its legality and the ability of the Trump administration to follow through on its promises. A sample deferred resignation agreement circulating among some workers states that only an agency head has the discretion to rescind the agreement, and that decision is not subject to review in any forum.
According to Article II, Section 4 of the US Constitution, a president can be removed from office through impeachment.
However, there is no provision for voluntary resignation as a means of avoiding impeachment.
In 1974, Nixon resigned before he could be impeached and removed from office, but this was seen as an attempt to avoid the formal process rather than a precedent for future presidents.
The Constitution does not explicitly address presidential resignation, leaving it unclear whether Trump's offer to resign would have been legally binding.
A deferred resignation agreement is a contract between an employee and employer that allows the employee to resign while remaining on the company's payroll for a specified period.
This agreement typically includes terms such as notice period, continuation of salary and benefits, and expectations during the transition phase.
Statistics show that 60% of companies use deferred resignation agreements to manage talent retention and minimize disruption.
Relevant laws vary by jurisdiction, but most agreements are governed by employment contracts and labor codes.
The OPM memo also clarified concerns over whether employees would have to work after accepting the incentive. While the FAQ initially stated they would not, the memo said the decision to grant administrative leave would largely be up to each agency.
Impact on Federal Workers
Some Internal Revenue Service (IRS) staffers who accepted the offer are being told they have to work through May 15 for the tax filing season, according to the National Treasury Employees Union. This has led to accusations of ‘bait-and-switch’ and unreliable terms.
Federal employee unions have blasted the Trump administration, saying it is looking to hollow out the civil service and replace career workers with political loyalists. They argue that the drive to reduce the federal workforce will hurt Americans and lead to delays in essential services.
The Trump administration proposed significant changes to the US civil service system, aiming to increase efficiency and accountability in federal hiring.
The plans included merging or eliminating certain agencies, reducing the number of career employees, and increasing the use of short-term contracting.
Additionally, the administration sought to make it easier for political appointees to hire and fire career staff.
Critics argued that these changes would undermine merit-based hiring and create a more politicized workforce.
Administration’s Response
OPM spokesperson McLaurine Pinover pushed back on the unions’ negative characterization of the offer, claiming union leaders are misguiding federal workers. However, critics argue that the administration is looking to exploit a rare opportunity for employees to leave their jobs and reduce the size of the federal workforce.
The pause in the deadline has given federal workers more time to consider the implications of accepting the offer. As the legal proceedings continue, it remains to be seen whether the program will ultimately move forward or be blocked by the courts.
