A federal judge in Boston on Monday continued his pause of the Trump administration’s unprecedented plan to get millions of federal workers to resign until he responds “to the issues presented.”
U.S. District Judge George A. O’Toole Jr. had temporarily halted the administration’s plan to offer mass buyouts to millions of federal workers on Thursday, just hours before a deadline to accept the offer. After a hearing Monday, he said the pause would continue until he rules on a preliminary injunction.
Elena Goldstein, an attorney for the plaintiffs, said, “We ask for more weeks … while this court considers the merits.”
Goldstein added, “The pressure that comes from that deadline where people have to make their choice about their livelihood. Irreparable harm will continue. They will be asking what they actually accepted. OPM is making it up as they go along.”
Justice Department attorney Eric Hamilton argued that President Donald Trump “campaigned on reducing the federal workforce.”
The Trump administration “knew they’d come to a disappointment to a lot of the workforce … so this would be an off-ramp for those employees,” said Hamilton.
The unions, according to court filings, railed against the Office of Personnel Management’s “Fork Directive,” calling it an “unlawful ultimatum” and “sweeping and stunningly arbitrary action to solicit blanket resignations of federal workers.”
The Office of Personnel Management announced the mass “deferred resignation” program late last month. The program claims it will allow workers to resign now but get paid through September, though legal experts have questioned the validity of that agreement. Education Department staffers were warned last week that the administration could later decide to cancel the plan and leave the employers in the lurch.
A senior administration official said last week that 60,000 people had accepted the deal.
The initial deadline to accept the offer had been Thursday night, but O’Toole extended after he scheduled the hearing Monday on the union’s request for a restraining order.
The union’s suit to stop the program alleged that the Trump administration does not have the legal authority to offer such buyouts.
The White House characterized the pause as a win last week.
“We are grateful to the Judge for extending the deadline so more federal workers who refuse to show up to the office can take the Administration up on this very generous, once-in-a-lifetime offer,” White House press secretary Karoline Leavitt said Thursday.
Trump commented Monday night on O’Toole’s decision Monday night, calling the buyouts “generous” and said they gave people an option.
“I got elected on making government better, more efficient and smaller, and that’s what we’re doing. And I think it was a very generous buyout, actually. Also, if people don’t show up to work, we have a right to fire them,” Trump said, arguing that federal employees cannot work efficiently from home.
Raquel Coronell Uribe contributed.
