On January 28, a mass email titled Fork in the Road went out to over 2 million federal employees. Eligible employees have until February 6 to accept a deferred resignation offer that would see them retain pay through September 30, 2025. However, several politicians, labor groups, and legal experts have advised against accepting the offer.
Doreen Greenwald – President, National Treasury Employees Union
“The OPM documents lack clarity about the exact terms of the offer, making it unreliable. We also question whether OPM has the legal authority to use a ‘deferred resignation’ to put people on extended administrative leave under these circumstances,”
Matt Biggs, President, International Federation of Professional and Technical Engineers
“We know of no underlying policy nor any authority under which OPM is offering ‘deferred resignation.’ We ask you . . . to tell [bargaining unit employees] not to ‘resign’ and accept the terms of the ‘deferred resignation program.’”
Senator Tim Kaine (D-VA)
“So my message to Federal employees who received this is, yeah, the President has tried to terrorize you for about a week and then gives you a little sweetheart offer: If you resign in the next week, we are just going to pay you for doing nothing for the next 7 months … Don’t be fooled. He has tricked hundreds of people with that offer. If you accept that offer and resign, he will stiff you.”
Alden Law Group PLLC
In sum, we are deeply concerned by the misleading and vague communication by OPM. Any decision to resign from the government should be made only after consulting with agency benefits personnel, human resources personnel, and appropriate experts. A “one-size-fits-all” email from OPM does not take into account individual circumstances and should not be read to provide a guarantee as to your rights and pay.
Sen. Patty Murray (D-WA)
“We have not been able to see any authority for that, nor do we have the appropriations to do that. I think it could leave the employees in a tough spot.”
American Federation of Government Employees
“Nothing in the program documentation purports to prohibit the termination or separation of an employee who accepts deferred resignation. While the OPM email suggests that employees will maintain their compensation and benefits until the effective date of their resignation date, it does not explicitly state that employees are shielded from layoffs or other adverse actions before Sept. 30, 2025. There is no guarantee that employees opting into the program will not be targeted for such actions.”
Employees considering taking the deferred resignation offer should consult a legal expert and speak with a financial advisor. A Federal Retirement Consultant® can help you determine whether you are financially prepared to separate from federal service.
