A federal judge on Monday extended his injunction preventing the Trump administration from implementing its contentious “deferred resignations” program, just hours before the new deadline for federal employees to accept the offer.
U.S. District Judge George A. O’Toole Jr., a Clinton appointee in Massachusetts’ federal district court, had previously paused the administration’s February 6 deadline. The program presented federal employees with two options: continue their employment or accept eight months’ salary and benefits in exchange for resigning by September 30. The American Federation of Government Employees (AFGE), which filed the lawsuit challenging the policy, contends that the initiative violates the Administrative Procedure Act due to its inconsistent legal rationale and disorderly rollout.
The Justice Department has pushed back, arguing that unions lack standing to bring the case and that any legal challenges should first go through the Federal Labor Relations Authority or the Merit Systems Protection Board. According to WHDH, administration lawyers noted that 65,000 employees had already opted into the deferred resignation offer.
Unions and congressional Democrats have strongly cautioned employees against enrolling in the program, citing concerns over agreements drafted by the Office of Personnel Management. These agreements would require employees to forfeit their right to challenge their resignation and would strip unions of their ability to represent affected workers. Additionally, the agreements appear to grant agency heads the authority to rescind an employee’s resignation agreement—an action that would not be eligible for appeal before the MSPB.
Judge O’Toole did not specify when he would issue a final ruling on the matter.
In response to the ruling, AFSCME President Lee Saunders, representing one of the plaintiff unions alongside AFGE, commended the decision, emphasizing the importance of standing up for federal employees.
“We must continue to resist the effort to purge federal workers,” Saunders declared. “These individuals are essential to our communities, not pawns in a political game. Alongside AFGE and NAGE-SEIU, we will persist in this fight to ensure federal employees receive the respect and protection they deserve.”
