The demonstrators gathered outside the headquarters of the American staff management office on February 5, 2025 in Washington, DC
Alex Wong / Getty Images from North America
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Alex Wong / Getty Images from North America
This is a story in development that will be updated.
An audience is underway in Boston which could determine whether the Trump administration’s delayed resignation program for federal employees can move forward.
The hearing occurs almost two weeks after US Office of Personal Management (OPM) sent an email To more than 2 million civilian employees of the federal government with the “Fork on the road” object line. Originally, this gave federal employees that nine days to decide their fate.
The OPM email, similar to a Trump advisor Elon Musk sent to Twitter employees After buying the company in 2022, gave the government’s employees a choice: they could stay or leave, but if they remained, their job would not be guaranteed. In addition, those who have remained will face “important” reforms, including layoffs, a return to functions and an expectation that they are “loyal”.
If they leave, said OPM, the wait was that they could stay on the government’s wage bill until the end of September.
Last Thursday, the American district judge George O’Toole ordered the government to extend the deadline of February 6 for employees to accept the offer so that he can hear arguments in the case. The current deadline is at 11:59 p.m. this evening on Monday.
Friday, around 65,000 federal employees, around 3% of the federal workforce, had agreed to resign, according to the Trump administration.
The unions continued, calling for resignation, illegal, arbitrary and capricious
The legal group of democracy has filed a legal action February 4 on behalf of the unions of unions representing more than 800,000 civil servants. He alleges that the resignation offer from the Trump administration is illegal, as well as “arbitrary and capricious in many ways. “”
The unions argue that the OPM has exceeded its authority in promising remuneration and benefits until the end of September, since the funding of most federal agencies expires on March 14. A law known as the Anti -deficiency Prohibited for federal agencies to oblige all expenses that have not yet been approved by the congress.
The unions also argue that the offer does not take into account the possible negative consequences for the government’s ability to operate; establishes an arbitrarily short deadline; And is a pretext for removing and replacing workers on an ideological basis, among others.
The unions indicate the chaotic and confusing deployment of the “fork directive”. In the past two weeks, the government has sent an email dam to federal employees, in particular Those who were originally said they were excluded of the agreement, with Contradictory information on their rights and obligations If they agree to resign.
“These guidelines continue to change in a way that obscures the true nature of the complainant’s, federal and public employees,” wrote the lawyers for unions in their complaint.
The government maintains that the offer of “fork” is legal
In a memorandum tabled last week, the Trump administration postponed unions complaints, saying that the delayed resignation program is legal. The approval of the congress was not necessary, wrote the lawyers, “because the employees would remain in service status and are entitled to their salary and the benefits” until September 30, noting that no additional compensation n ‘had been offered.
In addition, the government has argued that the resignation offer is not an “action by the final agency” and therefore not subject to a judicial examination.
“This is a question of pure internal government administration,” the lawyers of the government wrote.
They also rejected the assertion that the offer of “fork” is coercive and seemed to try to divert legal responsibility from the OPM and to employees who accept the offer.
“This email announcing the voluntary resignation program does not determine any right or obligation, and no legal consequences follows from the program itself. On the contrary, any legal consequence would result from the choice of a federal employee to accept the offer of resignation volunteer, “the government lawyers wrote. “The voluntary resignation program” only requires anyone doing anything. “”
The government has argued that another break on the deadline would cause additional confusion and disrupt a “critical priority” of the Trump administration – to reform the federal workforce.
General prosecutors warn of a devastating impact on the American public
Prosecutors General Democrats of 20 States and the District of Columbia has tabled a brief Sunday in support of the unions, claiming that the resignation offer “would have a devastating impact on the ability of states to respond to natural disasters, to support veterans and to provide crucial services to millions of Americans “.
“Without the work of thousands of federal employees, communities across the country will suffer,” said New York Letitia James prosecutor in a statement.
On Monday, O’Toole ordered that brief, as well as others submitted, be deleted from the file, writing: “Although there could be no positive rule which prohibited him, in my opinion, a court of first instance should not generally receive or consider voluntary submissions by no parts, unless indication, can be specifically authorized by law or another authority.
The federal government is the largest employer in the United States, with 80% of civilian employees Work in military bases and government offices outside the Washington DC region.
Walter Wuthmann from Wbur has contributed to this story.
