A federal judge extended his pause on the Trump administration’s “deferred resignation” program, which is part of a sweeping effort to push government employees out of their jobs. It's the latest twist in a chaotic and distressing saga playing out for millions of government employees.
In Boston on Monday, U.S. District Judge George A. O’Toole Jr. said the pause will continue "until I respond to the issues presented," he said.
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O'Toole blocked the “Fork in the Road” program on Thursday to allow parties in a lawsuit more time to brief arguments. The ruling Thursday came hours before the deadline for workers to apply for the deferred resignation program, which the administration promoted as a buyout. The program is being challenged by several labor unions.
The judge heard testimony from federal employee union lawyers; one said the resignation program was of “unprecedented magnitude” and said the government can’t promise to pay employees who aren’t working pending their resignation.
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Justice Department lawyers said President Donald Trump campaigned on the promise to shrink the federal workforce and called the program a “humane off-ramp” for workers who don’t want to return to federal office buildings.
AFGE President Everett Kelley said Monday: “We’re pleased with the judge’s decision to continue the pause of the deadline for the deferred resignation program. Federal workers deserve to have all the clarity they need on this program to make the decision that is best for them. We believe at the end of the day the judge in this case will side with us. The way this program was rolled out was unlawful, and it needs to be done right.”
AFSCME’s president, Lee Saunders, said: “We must continue to stop the purge of federal workers. They are heroes for everything they do for our communities, not numbers on a political scoreboard. Together with AFGE and NAGE-SEIU, we will continue to move this case forward until federal workers receive the respect they deserve.”
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At the White House on Thursday, press secretary Karoline Levitt urged government workers in D.C. to leave.
“We encourage federal workers in this city to accept the very generous offer,” she said. "They don’t want to come into the office. If they want to rip the American people off, then they’re welcome to take this buyout and we’ll find highly qualified people” to replace them.
Labor unions, Democrats and others warn that Trump and Elon Musk may not hold up their end of the “fork in the road” plan.
About 2 million federal employees received an email on Jan. 28 saying they could agree to leave their jobs and receive about eight months of salary if they sent a one-word reply that said “resign.”
More than 60,000 employees have indicated they will resign, sources familiar with the plans told NBC News on Thursday. That represented about 3% of the workforce.
A senior administration official previously said Trump officials expected 5 to 10% of the workforce to resign.
So, what happens to federal employees who already said they would resign? The Office of Personnel Management said late last week the federal government can begin to process resignations. If the judge says the program is unlawful, though, it’s unclear what will happen.