Judge Issues Temporary Injunction Against Trump's Plan to Move Federal Employees
Senior District Judge George O’Toole has temporarily suspended the plan pending a new hearing scheduled for Monday.
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Senior District Judge George O’Toole has extended a deadline that was supposed to conclude at the end of Thursday, allowing for more time to file legal briefs before a hearing set for 2 p.m. on Monday.
He directed the Trump administration to quickly inform workers about the order that suspends the rollout of the “deferred resignation” program, which permits government employees to be exempt from the White House's return-to-office rule while retaining their salaries and benefits until September 30.
O’Toole, nominated by President Bill Clinton, clarified that this freeze serves merely as “table-setting” for the upcoming hearing and does not reflect his final decision.
A government attorney indicated that the administration would promptly comply with the judge’s order and inform federal employees of the situation.
In a legal filing submitted shortly before Thursday's brief hearing, the Trump administration contended that the extension was unwarranted and that the unions, who initiated the lawsuit earlier in the week, had not met the necessary legal criteria to prevent the resignation program.
“Extending the deadline for the acceptance of deferred resignation on its very last day will markedly disrupt the expectations of the federal workforce, inject tremendous uncertainty into a program that scores of federal employees have already availed themselves of, and hinder the Administration’s efforts to reform the federal workforce,” the administration's statement read.
O’Toole requested that the unions respond to the administration's filing by Friday.
Previously, approximately two million government workers had until midnight to choose to participate in the program, with tens of thousands already taking advantage of the initiative, which the Office of Personnel Management (OPM) has branded a “Fork in the Road”—a phrase reminiscent of language used by Elon Musk during his takeover of Twitter, now known as X.
The Trump administration is aiming for about 5 to 10 percent of the federal workforce to voluntarily resign, with the expectation that the numbers will increase as the February 6 deadline nears.
Everett Kelley, president of the American Federation of Government Employees, one of the unions involved in the lawsuit, expressed satisfaction with the temporary pause.
“We continue to believe this program violates the law, and we will continue to aggressively defend our members’ rights,” Kelley stated.
The AFGE and other labor unions have accused the Trump administration of bypassing essential protocols outlined in the Administrative Procedure Act and the Antideficiency Act, arguing that the administration lacks the authority to extend such an offer without Congressional approval.
They assert that if the administration is permitted to implement widespread deferred resignations, it would deplete the government of expertise and place an undue burden on remaining employees.
Unions and Democratic officials have cautioned employees that the impending mid-March government funding deadline could threaten both the resignation program and the job security of those who choose to remain.
Additionally, the contracts presented to federal workers contain broad language that waives their right to sue or file claims against agencies if the government fails to fulfill its promises.
Emily Johnson contributed to this report for TROIB News