Federal employees are facing enormous pressure and peril in the new administration.  But they have options and protections.

During the first month of the Trump Administration, the Office of Personnel Management and other agencies have sent a series of messages to members of the federal workforce warning that their jobs will change and encouraging them to quit.  On January 28, 2025, the Office of Personnel Management sent over 2 million federal employees an email with the subject line, “Fork in the Road,” containing a “deferred resignation offer” that supposedly gives employees the opportunity to declare by February 6, 2025 their intent to resign, effective on or before September 30, 2025.

Emery Celli Brinckerhoff Abady Ward & Maazel LLP frequently represents employees who have been victims of illegal workplace actions, both from government employers and private sector employers.  Watching these events unfold, we write now with some words of encouragement and caution to our federal public servants.  Those evaluating the “deferred resignation offer” should keep the following considerations in mind.

Congress has not budgeted funds to pay for buyouts to employees who accept the “Fork in the Road” offer.  There does not appear to be any guarantee that you will get any of the benefits supposedly offered to those accepting the “Fork in the Road” offer.  But accepting the offer requires you to waive vital legal protections.

While the federal government—like any employer—is allowed to change some aspects of your work environment, the federal government is not allowed to violate the law, which contains broad employment protections for members of the federal civil service.  For example, Most federal employees are protected from “prohibited personnel practices,” meaning, protections for whistleblowers, protections against retaliation, and protections from coerced political activity.  And it is unlawful for your federal government employer to discriminate against you because of your race, color, religion, sex (including pregnancy, childbirth, or related conditions, transgender status, and sexual orientation), national origin, age (40 or older), disability or genetic information.

If a federal employee’s rights have been violated, they have recourse.  For example, they may decide to appeal an adverse employment action to the Merit Systems Protection Board, an administrative agency that has the authority to reinstate their position, award damages, and order other corrective action; they may decide to petition the U.S. Office of Special Counsel to investigate and prosecute the workplace violation on their behalf; they may also decide to file a complaint with the U.S. Equal Employment Opportunity Commission, which is charged with enforcing the federal laws that prohibit discrimination; and they may be able to seek redress of certain violations in federal court, either before or after appearing before an administrative agency.

Employees should speak with an attorney to help them understand and evaluate their options.  If you have been fired from the federal government without process or as a form of retaliation, and you live or work in Washington D.C., New York, or New Jersey, you may contact us for assistance here.