Follow Up to Resignation Offer

2/4/2025 10:44 pm

To All IFPTE Federal Locals:

Here's a follow-up to our letter regarding the so-called "deferred resignation" offer titled "Fork in the Road" (copying the title of a similar offer to Twitter employees by Elon Musk).  This offer was emailed to federal employees last week and asks for "deferred resignations" to be submitted by this Friday, February 6 that will purportedly become effective on September 30, 2025.  

Federal agencies have now also sent out a sample contract agreement, telling employees they can "memorialize" the offer.  However, it is unclear who the government signatory would be and whether and how the authority exists to make such an offer.   The contractual language itself asks employees to waive numerous rights, many of the terms of which are unenforceable and improper.  It is also unclear who from the government would sign the agreements, or whether the contracts would be legally binding.

While everyone's situation may be different, we ask that federal members look at both the obvious facts and the lack of clarity from OPM.  Overall, there is no guarantee that an employee's resignation under this offer would be accepted or that an employee who attempts to resign under this program would actually receive the benefits it purports to offer. The "offer" appears rather to be an attempted workaround for following actual and established RIF procedures, among other things.  Further,  while the OPM email infers to employees that their wages and benefits would remain the same until their effective resignation date, it does not guarantee that employees are shielded from layoffs or other adverse actions before September 30, 2025. In fact, employees opting in to this offer could very well have their positions targeted for such actions. In addition, as you know, federal appropriations expire on March 14th, so the offer to pay employees until September has no actual money backing it.  

Federal local leaders can take action by doing the following:

1. File requests for information under 5 U.S.C. § 7114(b)(4) regarding the program itself and asking who, if anyone, in the unit has submitted a response;
2. Consider grievances alleging the program violates the terms of their collective bargaining agreement or regulations or bypasses the union by communicating directly with employees about items covered in their CBA. 
3. Most importantly, contact your congressional offices to let them know how you feel about the attacks on the Federal workforce and your members' important work for the American people!    

Our original letter on this subject is below, as is this article decision making on the topic of the offer.  Also, here is a link to the LAWFARE article entitled, “Will Employees Who Resign Have a Remedy?”

Finally, and additionally, IFPTE is working with the Federal Workers Alliance (FWA) on a Union sign-on letter to key Hill committee lawmakers asking that they use their oversight power to protect the PII of federal workers.

In addition to the legislative efforts, Teresa Ellis will be providing a legal update at the Federal Caucus on Tuesday. 

In Solidarity,

Matt and Gay