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Federal judge halts Trump’s fed worker buyouts — after 65K take up the offer

Sam AllcockBy Sam AllcockFebruary 10, 20255 Mins Read
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Federal Judge Blocks Trump Administration’s Buyout Plan for Federal Workers

A federal judge has temporarily halted the implementation of a Trump administration plan aimed at buying out tens of thousands of government workers, opting to pause a key deadline until further legal proceedings can take place. The decision, handed down by U.S. District Judge George O’Toole Jr. of Boston, comes in response to a lawsuit filed by three major public sector unions seeking to block the plan. The unions argue that the buyout program, which was introduced by the Office of Personnel Management (OPM), is unlawful and could lead to mass terminations of federal employees who refuse to return to in-person work.

The buyout plan was announced on January 28, following President Trump’s executive order requiring federal agencies to end remote work arrangements and mandate full-time in-office work for all employees. Under the plan, over 2 million federal workers were offered the option to take a buyout or face the prospect of returning to their offices. Workers who declined the buyout were given until February 6 to make a decision, with those who did not accept the offer by the deadline risking the loss of full pay and benefits until the end of the fiscal year on September 30.

Background: TheTrump Administration’s Push to End Remote Work

The OPM’s buyout initiative, part of a broader effort to reverse the remote work arrangements that became widespread during the COVID-19 pandemic, has been met with strong resistance from federal employees and their unions. The movement to end remote work gained momentum after Elon Musk, a close ally of President Trump, was appointed as a “special government employee” tasked with leading efforts to reduce federal waste and inefficiency through the non-governmental Department of Government Efficiency (DOGE). Musk, who has been open about his disdain for remote work, reportedly influenced the administration’s approach to the issue, with critics drawing comparisons to his own controversial layoffs at Twitter (now X) after he took over as CEO.

The lawsuit challenging the buyout plan was filed by the American Federation of Government Employees (AFGE), the American Federation of State, County, and Municipal Employees (AFSCME), and the National Association of Government Employees (NAGE), along with 20 Democratic state attorneys general. The plaintiffs argue that the OPM’s actions are unlawful under the Administrative Procedure Act and the Antideficiency Act, which prohibit the federal government from entering into unfunded contracts and require agencies to follow specific steps when proposing new regulations.

Unions Argue the Buyout Plan is Unlawful and Unfair

At the heart of the legal challenge is the claim that the buyout program lacks proper congressional authorization and fails to provide clear terms for federal workers who choose to leave their jobs. According to the unions, employees who accept the buyout are not guaranteed the promised eight months of pay and benefits, as Congress has yet to approve funding for the program beyond the current fiscal year. Additionally, workers who decline the offer face the threat of being terminated if they do not return to in-person work, a situation that the unions describe as “remarkably coercive.”

The unions’ lawyers have also pointed out that the OPM’s “Fork in the Road” memo, which outlined the buyout offer, was not subject to the usual regulatory review processes, further undermining its legality. Moreover, the unions argue that the Trump administration’s push to end remote work and force employees back to their offices is both unnecessary and counterproductive, as remote work has been shown to increase productivity and reduce turnover in many federal agencies.

Government Defends the Plan as Lawful and Necessary

Lawyers for the Justice Department have defended the buyout plan as lawful and within the president’s authority to manage federal personnel. They argue that the voluntary buyouts represent a legitimate exercise of executive power and that delaying the program further could disrupt government operations and lead to “inequitable repercussions” for employees who have already accepted the offer. Nearly two dozen Republican state attorneys general have also weighed in on the issue, submitting a brief in support of the administration’s plan.

In their amicus brief, the Republican attorneys general, led by Montana’s Austin Knudsen, claim that their constituents view the federal government as bloated and inefficient, and that the buyout program represents a necessary step toward reducing bureaucracy and improving public confidence in government. They argue that the plan aligns with the administration’s broader goals of cutting waste and streamlining federal operations.

The Broader Implications of the Buyout Plan

The legal battle over the buyout plan has significant implications for federal workers and the operations of the U.S. government, particularly as Congress nears a March 14 deadline to avoid a partial government shutdown. If lawmakers fail to pass a funding bill by that date, the OPM may not have the resources to fulfill the promised eight months of pay and benefits for employees who accept the buyout. This uncertainty has only added to the confusion and anxiety among federal workers, many of whom are being forced to make a difficult decision about their future without knowing whether the government will uphold its end of the deal.

The controversy has also raised questions about the role of private-sector influence in shaping federal policy, particularly in light of Elon Musk’s involvement in the plan. Critics argue that the Trump administration’s reliance on a tech billionaire with no prior experience in government to lead efforts on federal efficiency is emblematic of a broader trend toward privatization and deregulation that risks undermining the credibility and effectiveness of federal institutions. As the legal process unfolds, millions of federal workers and their families will be watching closely to see whether the courts will intervene to protect their rights and interests in the face of what they describe as an unprecedented and unjust attack on their livelihoods.

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