Judge Allows “Deferred Resignation” to Go Ahead

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Federal District Court Judge George O’Toole lifted his delay of the decision deadline for federal employees to respond to the new regime’s “Fork in the Road” email offering “deferred resignation.”

The offer is widely regarded as illegitimate. There is no legal framework for paying federal employees for months of not working. Funding for the offer has not been allocated by Congress. If the government does not follow through on its promises in the offer, employees who accept it have no recourse.

O’Toole did not rule on the legality of the offer, but ruled the unions who sued against it on behalf of members lacked legal standing. The judge said the offer did not directly affect the unions, only the workers, many of whom belong to the unions. The harm to unions is therefore secondary, not direct.

As of the deadline, which was Wednesday night after the judge’s latest action, reportedly 65,000 workers accepted the offer. Elon Musk, whose similar action after buying Twitter was echoed in this offer, expected 200,000 or so.

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