‘absolute Nightmare’: Feds Fret As Trump’s Resignation Plan Stalls

Federal employees remain stuck in a strange stasis as the legality of President Donald Trump’s mass resignation scheme remains in question.

On Monday, U.S. District Judge George O’Toole weighed legal arguments for and against the “deferred resignation” deal but didn’t rule yet on whether the president’s offer is valid. In the interim, a midnight deadline came and went, leaving government workers wondering yet again what the future holds for them under the Trump administration.

An EPA employee questioned why Trump didn’t initially offer the government’s official early retirement and buyout programs to encourage civil servants to leave.

“They would likely have had a better response and wouldn’t be looking like idiots right now,” said the agency staffer. “I really hope this gets settled soon so I can sleep at night.”

Federal employees, some granted anonymity to speak candidly because they feared retaliation, said any trust they had in the new administration has waned. Details of the offer have changed, coupled with threats of imminent layoffs and ridicule of public sector jobs.

One career employee who has worked at the Interior Department for more than a decade said they had no intention of taking the buyout but would retire this year on their own terms.

“It is time for me, and it will free me to become part of the needed resistance,” they said.

Within their office, the Interior employee said “very few” career staff appear to be taking the buyout offer seriously. But even staffers open to Trump’s broader agenda are exploring options outside of the federal government in case they lose their federal jobs.

“You can tell who Trump supporters were because they talk like it’s not as bad as it sounds,” they said.

Some of those who took the administration's offer are now fearing they made a mistake, said David Fitzpatrick, president of a union representing National Park Service employees at Independence National Historical Park in Philadelphia and several other Northeast regional facilities. He said some of his members regret signing up for the “Fork in the Road,” so-called because that was the subject line of the email sent last month offering federal employees to take deferred resignation.

“They are really in limbo. They have given their name and agreed to leave,” Fitzpatrick said.

BLM employees say they are feeling stressed, and morale appears to be low.

“It’s an absolute nightmare,” said one BLM employee granted anonymity, “and now we’ve become the enemy and are being vilified.”

The situation has reached the point that the Public Lands Foundation, BLM’s retirees’ group, posted on its website over the weekend a “statement of support” for bureau employees and the work they do overseeing 245 million acres.

“As former civil servants who spent their careers working for the American people, we understand the value of the jobs that BLM employees perform,” the statement said. “Their worth cannot be overstated as what they do benefits us all.”

A career employee at the Energy Department, granted anonymity because they also feared retaliation, echoed that support for what federal employees do.

“This proposal demonstrates a real blind spot these amateurs at [the Department of Government Efficiency] have, where they simply can't imagine that the people working here like their jobs, like this country, and don't want to see the programs they work in crumble due to incompetence,” said the staffer, who said they will not take the resignation offer. “The whole thing feels very try-hard.”

Another career official at DOE granted anonymity also said they opted not to take the offer even though they hope to resign soon.

“I don't trust Musk or Trump, and the contract seemed to tie my hands if they violated the agreement in the future,” said the staffer. “The terms haven't changed as far as I know, except that the deadline has been extended, and it's become clear that there are more restrictions on taking outside employment while on leave than they initially represented.”

Even if the contract ended up being more profitable in the long run, the staffer said they didn’t want to be part of a “statistic they brag about.”

'That's a scam'

Everett Kelley, president of the American Federation of Government Employees, the country’s largest federal worker union, told reporters Monday at his union’s legislative conference that the Office of Personnel Management has issued guidance on the program, rescinded it and then issued more.

“They don't even know what they're doing,” Kelley said.

Others expect the court will eventually rule that Trump’s resignation deal is unlawful.

Nicole Cantello, president of AFGE Local 704, which represents EPA Region 5 employees, said they’re glad the court is doing “a substantive review” of the offer “because the actions of this administration’s actions have been so lawless.”

“We hope that the court finds the ‘Fork in the Road’ offer, which is coercive and found to have no guarantees, to be contrary to law,” Cantello said.

The Office of Personnel Management has defended the deferred resignation program, saying it is legal and its critics are discouraging federal employees from taking a good opportunity. The number of federal employees who have taken the offer is upward of 65,000 and growing, according to an OPM spokesperson.

Under the deal, if federal employees decide to leave the government — by typing “resign” in an email back to OPM’s “Fork in the Road” message — they can go on administrative leave until Sept. 30.

But since that initial email went out to over 2 million members of the federal workforce, its terms have changed and confusion remains. The plan offers early retirement — though one might be called back to work after all. In addition, the government is only funded to mid-March, and the deal exceeds federal caps on paid leave and buyout compensation.

The fine print also reveals other areas for concern. Template agreements for the resignation program show federal employees can’t take legal or other avenues for recourse if the government doesn’t hold up its end of the bargain.

“First of all, I know what a buyout is,” Kelley said. “That's not one. That's a scam.”

Fitzpatrick, the president of AFGE Local 2058, has warned members to beware of the resignation offer because it waives their rights to appeal, something they would retain if they were fired. Fitzpatrick said he’s also told employees that the administration’s promise of pay through September isn’t guaranteed.

“I got to go on Trump’s track record of not being the most trustworthy guy,” Fitzpatrick said.

Limited office space

The Trump administration has pitched the resignation program as a way for government workers to avoid the president’s aggressive return-to-office mandate. Trump expects civil servants in the office full time and is seeking to run roughshod over union contracts that protect telework.

“The voluntary resignation program offers a humane off-ramp to federal government employees,” Justice Department attorney Eric Hamilton said at Monday’s hearing.

But some federal employees may not have a cubicle to return to. Several agencies began releasing office space during the Biden administration and even before then. Much of that real estate in Washington has been relatively empty since the Covid-19 pandemic.

Sheria Smith, president of AFGE Local 252, which represents Department of Education employees, said her members want to work but aren’t being told where to return to. In addition, telework’s benefits are being ignored by the administration.

“They no longer care about cost savings. They no longer care about productivity. They no longer care about efficiency,” Smith told reporters at the AFGE conference.

She added, “OK, just negotiate with us the terms. We absolutely reduced our footprint significantly, which is why our workforce is confused about what office they are to report to Feb. 23 because there are no offices. They're very few.”

Meanwhile, employees don’t see Trump’s deal as an off-ramp but as a ploy to reduce the federal workforce.

“I worked on previous buyouts and do not feel what they are offering is legal and best for me at this time,” said another EPA employee. “If they want to get rid of me, they will have to carry me out the door.”

Contact reporter Kevin Bogardus on Signal at KevinBogardus.89.