WASHINGTON – Lawyers and unions are urging caution after the Trump administration appeared to offer federal employees seven months of pay and benefits if they resign by next week.
Many are saying not to call this a “buyout” because the terms are so vague. The Trump administration sent out a letter to all federal employees entitled “fork in the road” offering to allow people to resign now and continue to receive “all pay and benefits” until Sept. 30.
On paper, it seems like it could be a good deal — seven months of pay and no work requirement. But both federal employment lawyers and unions say it’s too good to be true.
But the National Treasury Employees Union put out an urgent notice calling the email an effort to entice or scare federal employees into resigning. The NTEU is strongly urging workers not to resign until there is more clarity.
The National Treasury Employees Union put out an urgent notice calling the email an effort to entice or scare federal employees into resigning. The NTEU is strongly urging workers not to resign until there is more clarity.
Meantime, employment lawyers echo those words of caution telling clients that the email is too vague to guarantee anything.
They also caution workers considering taking the deal that once you resign, you waive multiple rights that are in place should the government try to fire you including constitutional and due process protections.
The memo also notes that no job will be guaranteed in the future so some people may be eliminated regardless of their resignation decision. but lawyers say federal agencies have to follow very clear procedures before reducing their workforce.
“Folks need to be making a very considered assessment of whether or not to accept a resignation you should never resign without consulting with your agency benefits, without understanding what your personnel folder says, your electronic personnel file your EOPF before, when a resignation, sending in an email saying, I resign at the Federal Government. You are waiving a lot of rights.” Michelle Bercovici, Partner, Alden Law Group
Separately, two anonymous employees have filed a lawsuit challenging the administration’s communications with all civilian employees at one time, saying these types of communications violate federal privacy laws.
What was in the email from the Office of Personnel Management?
Word For Word:
Here’s what the email to federal employees from the Office of Personnel Management said, as posted on the OPM website:
“During the first week of his administration, President Trump issued a number of directives concerning the federal workforce. Among those directives, the President required that employees return to in-person work, restored accountability for employees who have policy-making authority, restored accountability for senior career executives, and reformed the federal hiring process to focus on merit. As a result of the above orders, the reform of the federal workforce will be significant.
The reformed federal workforce will be built around four pillars:
Each of the pillars outlined above will be pursued in accordance with applicable law, consistent with your agency’s policies, and to the extent permitted under relevant collective-bargaining agreements.
If you choose to remain in your current position, we thank you for your renewed focus on serving the American people to the best of your abilities and look forward to working together as part of an improved federal workforce. At this time, we cannot give you full assurance regarding the certainty of your position or agency but should your position be eliminated you will be treated with dignity and will be afforded the protections in place for such positions.
If you choose not to continue in your current role in the federal workforce, we thank you for your service to your country and you will be provided with a dignified, fair departure from the federal government utilizing a deferred resignation program. This program begins effective January 28 and is available to all federal employees until February 6. If you resign under this program, you will retain all pay and benefits regardless of your daily workload and will be exempted from all applicable in-person work requirements until September 30, 2025 (or earlier if you choose to accelerate your resignation for any reason). The details of this separation plan can be found below.
Whichever path you choose, we thank you for your service to The United States of America.”
What is deferred resignation?
How It Works:
Deferred resignation means you issue your resignation to the your employer but continue to receive a salary for a pre-determined amount of time.
According to OPM, those who choose to do deferred resignation are not expected to work during this time, except in rare cases determined by your agency.
OPM says deferred resignation is available to all full-time federal employees except for military personnel of the armed forces, employees of the U.S. Postal Service, those in positions related to immigration enforcement and national security, and those in other positions specifically excluded by your employing agency.
Many are saying not to call this a “buyout” because the terms are so vague. The Trump administration sent out a letter to all federal employees entitled “fork in the road” offering to allow people to resign now and continue to receive “all pay and benefits” until Sept. 30.
On paper, it seems like it could be a good deal — seven months of pay and no work requirement. But both federal employment lawyers and unions say it’s too good to be true. The National Treasury Employees Union put out an urgent notice calling the email an effort to entice or scare federal employees into resigning.
This article was originally published by a www.fox5dc.com . Read the Original article here. .