Editor’s note: This story has been updated to remove direct quotes from the town hall meeting, which Rep. Vindman’s staff said was “off the record.”

Federal employees received an email around 1 a.m. reminding them that the deferred resignation program ends today at 11:59 p.m.

The email said, “There will NOT be an extension of this program.”

But today U.S. District Court Judge George O’Toole, Jr. heard from both the government and from the unions about the program and issued a temporary restraining order on the deferred resignation program on Monday when another hearing will be held.

This stems from the American Federation of Government Employees, the American Federation of State, County and Municipal Employees, and the National Association of Government Employees lawsuit saying the program violates the Administrative Procedure Act (APA) and other federal laws.

The decision whether to take this offer has been met with a mix of anxiety, uncertainty and defiance.

One member of the Senior Executive Service who works at a law enforcement agency told Federal News Network that they are likely to take the deferred resignation offer, but the decision to leave more than 3 dozen members of their team is giving them sleepless nights.

Others on the FedNews Reddit page commented that they plan to stay in their jobs and question the validity of the program.

An OPM spokesperson told Federal News Network that the program is legal and has undergone “extensive legal review.”

“This is a purely voluntary program that employees can choose to opt into. 5 CFR 715.202 governs voluntary resignations, and the program complies with that regulation,” the spokesperson said. “Ahead of their departure, a worker who accepts this agreement may sign a legal contract that provides binding assurance they will not be subject to future reduction in forces (RIFs), not be expected to work and they will be eligible for backpay even if there is a lapse in appropriations. OPM has circulated a template contract to agencies, and agencies are circulating to all employees.”

The OPM spokesperson said they expect a spike in the number of people who take the offer over the last two days. The White House says about 40,000 people took the resignation offer.

It’s a lot to take in for federal employees and the short time frame to decide is opening the door for more questions than answers. OPM has routinely updated its frequently asked questions page over the last week.

As for why the quick turnaround, the agency spokesperson said, “The deadline is tight because OPM must move forward with the President’s goal of restructuring the federal government. OPM has sent FAQs and updated them as needed. OPM has also provided guidance to agencies.”

To help give federal employees a better understanding of the program. Rep. Eugene Vindman (D-Va.) held an online town hall for federal employees last night with Rob Shriver, the former OPM acting director and deputy director as well as a federal labor lawyer, and a federal employee representing AFGE, answering employees’ questions.

Here some highlights from that town hall.

Q: What happens if someone accepts the deferred resignation and is and it is later found to be unlawful?

Shriver said the employee should be safe from any consequences and likely be able to get their job back.

Vindman said the “Fork in the Road” letter has no legal support behind it and no funding to pay for it. He also reminded the town hall that Elon Musk used a similar tactic with previous companies and warned against trusting any true follow through by this administration.

Shriver added that employees should read the contract closely and know that there are provisions that seem to require the employee to waive any future rights.

Q: We were told that there is a possible RIF reduction in force coming in the next one to two months. What have you heard on this topic?

Vindman said there is a lot confusion and a lack of clarity by the administration. He said that is being done on purpose. He advised federal employees to contact his office or their member’s office for help.

Shriver said while every new administration comes in with their own priorities, the disruption happening today is unheard of. He didn’t offer any insights into the possibility of a RIF.

Q: Will these lawsuits cover all of us, or do we have to file individually, especially for the additional data breach and for whatever happens after tomorrow’s deadline?

Shriver said the lawsuits filed by AFGE and other organizations will apply to all federal employees. He said if the judge decides that the “Fork in the Road” email is illegal or should be delayed, that would mean all federal employees would  get more time and more information.

He also reminded federal employees that they do have other avenues to seek relief, including filing an appeal with the Merit System Protection Board, especially if there is a RIF. He said meeting MSPB deadlines are the most important thing an employee needs to keep in mind.

He also reminded the town hall that agencies struggle to do RIFs well because of the complicated nature of them.

Q: I am concerned now about probationary individuals that seem to have been targeted. We don’t know much of how probationary personnel are going to be targeted. For me, specifically, I started out at an agency, worked for six years and then moved on to another one. I will no longer be probationary on Feb. 25. We aren’t getting any communication from leadership because leadership is not getting any clear answers to be able to funnel down to personnel. So my question is, for those probationary individuals who are now hearing that they could potentially be on the chopping block. We don’t know what’s real, what’s not real? What is your thoughts on how personnel should navigate this?

Vindman said the administration isn’t providing enough details on who this would apply to. He said some agencies like the Defense Department have carve outs, but more clarity across the government is needed.

Shriver said probationary folks are the most vulnerable because they have limited adverse action rights. He said he’s talked to career managers over the last week or two and they are frustrated by the lack of information.

Q: Is there a way to force the executive branch to follow the correct RIF procedures so they that any reduction in force is done in a considered manner?

Vindman said his ability to hold the administration accountable is limited. He said the courts are critical, but can be slow to act. He encouraged town hall participants to call and send emails to their members of Congress and to the White House.

Shriver added feds who are RIF’ed can go through the Merit System Protection Board if they feel like they were targeted or unfairly laid off. He also said union employees should lean on these organizations for help.

Copyright © 2025 Federal News Network. All rights reserved. This website is not intended for users located within the European Economic Area.