We caution federal employees against accepting “Deferred Resignation” by Feb 6.
On January 28, 2025, the current presidential administration, through the Office of Personnel Management (OPM), sent a “Fork in the Road” email to nearly all 2.3 million civilian federal government employees. The email presented an offer urging them to resign by Feb. 6 and claiming they would retain pay and benefits until Sept. 30, 2025. The communication also insinuated that those not accepting the offer may be subjected to restructuring and downsizing.
As counsel for federal employees, we have noticed conflicting information in the communication sent out on January 28, the FAQs published on OPM’s website after that date, and the sample form agreement language sent out within individual agencies on February 3, 2025.
The most recent communication sent on February 3, includes language stating “this agreement cannot be rescinded, except in the sole discretion of the [AGENCY HEAD], which shall not be subject to review at the Merit Systems Protection Board (MSPB) or any other forum, and waives all rights to challenge the resignation before the MSPB or any other forum.” Of great concern is that this language appears to expressly prohibit employees from their right to appeal the legality of the resignation at the Merit Systems Protection Board (MSPB) should the resignation be under duress, forced, or other nefarious means. The specific language in the agreement seems as an attempt to contractually bind employees to the resignation, even if other entities would overturn it in the future.
This should cause any federal employee to be concerned about the offer’s validity.
You can view the template agreement HERE.
This is only ONE area of concern our firm has with the offer federal employees were asked to accept by February 6, 2024.
We note several conflicting issues, including statements from elected representatives indicating that there is no approval in the congressional budget for the payments promised by the administration through September 2025. Additionally, there is a general lack of employee protections to ensure these payments will be made at all. Furthermore, there is conflicting information provided by OPM and the February 3 sample agreement regarding the dates employees must continue working. However, our firm is committed to offering bipartisan advice, and our position is rooted in the decade-long dedication of our founding partners to safeguarding the rights of federal employees.
At Legal Lion Employment Law Firm, we strongly advise federal employees not to accept this offer and encourage you to consult a law firm that has in-depth knowledge of federal employment law to seek advice (whether that’s our firm or another) if you have questions. If you have already accepted the offer, we strongly urge you also to consider seeking advice. As the current administration moves forward with its plan to downsize the federal workforce, many changes are ahead. However, maintaining your federal employment position and your appeal rights, rather than giving up the protections that come with being a federal employee, is the best way to protect yourself and your family during this time.
We are here to help you navigate this unfamiliar territory. Our firm provides free consultations for all federal employees.