A federal judge temporarily blocked the Trump administration’s “deferred resignation” program, which is part of a sweeping effort to eliminate government jobs. It's the latest twist in a chaotic and distressing saga playing out for millions of government employees.
U.S. District Judge George A. O’Toole Jr. blocked the “Fork in the Road” program in Boston Thursday to allow parties in a lawsuit more time to brief arguments. O'Toole did not express an opinion on the legality of the program, which is being challenged by several labor unions, and said he would weigh arguments next week.
The ruling came hours before the midnight deadline for workers to apply for the deferred resignation program, which the administration promoted as a buyout.
A hearing on labor unions’ request for a temporary restraining order to more fully block the program is scheduled for 2 p.m. Monday.
A previous “Fork in the Road” email pressuring federal workers to quit said, “There will not be an extension of this program.”
At the White House at about the same time the ruling came down, 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.
A union leader said his organization will continue to fight efforts to push out federal employees.
“We are pleased the court temporarily paused this deadline while arguments are heard about the legality of the deferred resignation program. We continue to believe this program violates the law, and we will continue to aggressively defend our members’ rights,” American Federation of Government Employees National President Everett Kelley said in a statement.
Labor unions, Democrats and others warn that President Donald Trump and Elon Musk may not hold up their end of the “fork in the road” plan to push out workers.
About 2 million federal employees received an email on Jan. 28, 10 days ago, 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. That represents about 3% of the workforce.
A senior administration official previously said Trump officials expected 5 to 10% of the workforce to resign.
The Office of Personnel Management is expected to say after the deadline how many people chose to leave their jobs, sources said.
Department of Education officials warned staff the ‘buyout’ offer could be cancelled at any time
Top officials at the Department of Education told staff Wednesday that if they accept the deferred resignation package, the education secretary may later cancel it and employees would not have any recourse, potentially leaving them without promised pay, NBC News reports.
The Education Secretary would be allowed to rescind the agreement, or the government could stop paying, and employees who took the deferred resignation package would waive all legal claims, three officials told NBC News they were told in a Zoom meeting. The three employees said they have only seen sample resignation agreements so far, and would need to agree to resign before they see the actual terms of their separation.
“It sounded like a commercial for a used car dealership, like, ‘Act now, one day only,’” said one department official who attended the meeting.
The Education Department did not respond to a request for comment from NBC News on Wednesday.
A spokesperson for the Office of Personnel Management said this was false, and pointed to a memo that states the resignation offer’s “assurances are binding on the government. Were the government to backtrack on its commitments, an employee would be entitled to request a rescission of his or her resignation.”
However, the memo includes a sample agreement that includes a clause that agency heads retain the sole discretion to rescind the deal, and employees waive the right to challenge it before the Merit Systems Protection Board, "or any other forum.”
President Trump is expected to sign an executive order seeking to eliminate the U.S. Department of Education, which he can’t do without congressional approval. In this 4 More Context report, News4’s Tracee Wilkins lays out what the department does, who it serves and who would be affected if it’s wiped out.
Democrats and unions warn workers could be stiffed
Democrats said workers shouldn't accept the deferred resignation program because it wasn't authorized by Congress, raising the risk they won't get paid. Unions have sued to stop Trump's plans, and a judge will consider whether to block the buyout offer at a hearing Thursday afternoon in Boston.
“It’s a scam and not a buyout,” said Everett Kelley, president of the American Federation of Government Employees.
Kelley said he tells workers that “if it was me, I wouldn’t do it.”
An employee at the Department of Education, who also spoke on condition of anonymity out of fear of retaliation, said the administration appeared desperate to get people to sign the agreement. However, she said there were too many red flags, such as a clause waiving the right to sue if the government failed to honor its side of the deal.
‘I have a family to support’
Scores of federal workers and contractors in the D.C. area are coping with fear, anxiety and uncertainty as they wait to learn what will happen to their jobs.
A contractor for USAID told NBC Washington she’s been locked out of her workplace since Monday. She said it’s not a matter of whether she’ll lose her job but when.
“I have a family to support, and I am the main income for my family, so this will be incredibly painful – and not just for me, but for the 10,000 staff that USAID employs across the world,” she said, asking NBC Washington to withhold her name.
A USAID federal contractor locked out of the building since Monday told Northern Virginia Bureau Reporter it’s not a matter of if she’ll lose her job, but when.
Federal workers and concerned citizens have held several protests against the Department of Government Efficiency (DOGE) job cuts.
“Nobody elected Musk,” “Stop the billionaire takeover” and “Stop the coup,” protest signs said.
Federal employees and concerned citizens rallied in D.C. as the Trump administration moves to shut down some government agencies and eliminate jobs. “You cannot dismantle a plane and fire the crew in mid-flight. But that’s what an oligarch with unchecked power is doing to lifesaving foreign assistance programs,” former USAID administrator Dr. Atul Gawande said. News4’s Aimee Cho reports.
Trump administration pressures employees to leave, says those who remain must be ‘loyal’
The deferred resignation program is part of Trump’s plan to remake the federal government, weakening what allies describe as the “deep state” that undermined the Republican president during his first term. Administration officials said they can save taxpayer money by presenting employees with “a valuable, once-in-a-lifetime opportunity" to stop working while still collecting a paycheck until Sept. 30.
On Wednesday, the administration ramped up its pressure on employees to leave, sending a reminder that layoffs or furloughs could come next.
“The majority of federal agencies are likely to be downsized through restructurings, realignments, and reductions in force,” said the message from the Office of Personnel Management, which has been a nexus of Musk's efforts to downsize the government.
The email said anyone who remains will be expected to be “loyal” and “will be subject to enhanced standards of suitability and conduct as we move forward.” Some employees could be reclassified to limit civil service protections as well.
“Employees who engage in unlawful behavior or other misconduct will be prioritized for appropriate investigation and discipline, including termination,” the email said.
Follow NBC Washington's continued coverage. Go here for answers to some big questions about the "Fork in the Road" OPM email.
