Judge Temporarily Blocks Federal Worker Buyout

Last week the Trump administration made a buyout offer to millions of federal workers. The offer said employees who wanted to leave could reply “resign” to an OPM email address and that would start their paperwork and give them 8 months of severance. The deadline for making a decision was midnight tonight.

But immediately there was panic and pushback from employees and government unions. The administration was hoping around 200,000 workers would accept the offer but the unions were telling everyone not to accept. They sued the administration on Tuesday of this week.

…the deferred resignation allegedly breaks numerous laws, a Feb. 4 lawsuit filed by several federal employee unions alleges. The plaintiffs in that suit are asking a court to block the government’s offer, which they describe as “arbitrary, capricious” and in violation of the Administrative Procedure Act, a 1946 law governing how federal agencies implement regulations…

…the unions’ lawsuit claims OPM may not have the financial authority to make that offer. For instance, the agency’s email states it will pay workers who agree to resign by Feb. 6 through Sept. 30, but funding for most federal agencies expires on March 14.

That indicates the Trump administration is planning to spend money “before an appropriation is authorized,” the suit claims. If so, that could violate The Antideficiency Act, a law that prohibits federal agencies from spending above their appropriated levels, the complaint alleges. 

Today, a judge responding to the complaint put the deadline on hold, at least until Monday.

Judge George O’Toole Jr., said his injunction pausing the plan would continue until at least a court hearing Monday, when he will consider arguments by employee unions challenging the legality of the buyout, and by a lawyer for the Trump administration defending the plan.

O’Toole’s order Thursday came at a brief hearing, and as more than 60,000 people — about 3% of the federal workforce — have accepted the offer.

He said federal agencies must notify employees who received the buyout offer that the program has been enjoined until Monday.

The unions keep doing their best to poison the well. The message is that Trump and Musk can’t be trusted and won’t follow through on the offer.

“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.”

For its part, the White House said the deal is genuine and also a one time offer for those who refuse to return to the office.

White House press secretary Karoline Leavitt told NBC News, “We are grateful to the judge for extending the deadline so more federal workers who refuse to show up to the office can take the Administration up on this very generous, once-in-a-lifetime offer.”

I think we can all see what’s happening here. Government unions’ power is based on the size of their membership which equates to dues paid and political clout. They were about to lose 60,000 members literally overnight or possibly more so they’ve stepped in with this lawsuit to try to stop it from happening. I guess we’ll see Monday if this judge, appointed by Bill Clinton, decides to play politics here.