Judge Temporarily Bars Donald Trump’s Federal Employee Buyout Proposal
February 07, 2025 – A federal judge has suspended the Trump administration and DOGE chief Elon Musk from implementing their hotly debated “Fork in the Road” federal employee buyout proposal. The ruling puts the plan on hold until at least **Monday afternoon**, when further hearings will decide whether the measure will take effect.
Court Order Hobbles Buyout
U.S. District Judge George O’Toole Jr. said Thursday that the administration must halt any implementation of the buyout. He set a hearing for Monday afternoon to determine whether to extend the block.
“I enjoined the defendants from taking any action to implement the so-called ‘Fork Directive’ pending the completion of briefing and oral argument on the issues,” O’Toole said. “That’s as far as I want to go today.”
This brief hearing served as a preliminary step to set arguments for the upcoming session. The judge did not comment on the validity of the buyout but acknowledged the urgency of the matter.
What’s at Stake for Federal Workers?
Over two million federal employees received an end-of-day Thursday deadline to accept Donald Trump’s “deferred resignation” offer. But O’Toole ruled in a reprieve, citing his consideration of the legal arguments of four major federal unions in opposing the offer.
These four unions, which collectively represent 800,000 federal employees, argue that the buyout is unlawful, arbitrary, and a potential disaster for the federal workforce. It would destabilize core government functions and create a “dangerous one-two punch” in slashing jobs and politicizing federal appointments.
Justice Department Pushes Back
In response, attorneys from the Department of Justice wrote that delaying the buyout may have “remarkably disruptive and inequitable repercussions.” It was a good defense of an initiative that could be seen as part of Trump’s plan in reforming the federal workforce.
“Upon his reelection, President Donald Trump immediately set to work transforming the federal workforce,” the DOJ filing stated. “The goal is to streamline government operations, making them more efficient and better aligned with the needs of the American people.”
The government also argued that extending the deadline would create **uncertainty** for employees who had already accepted the offer and disrupt ongoing efforts to reform the system.
Why Are Unions Opposed to the Buyout?
The case, filed by the American Federation of Government Employees, the National Association of Government Employees, and the American Federation of State, County and Municipal Employees, contends that the Office of Personnel Management (OPM) acted in contravention of the Administrative Procedure Act when it failed to present a legal rationale for the buyout.
The unions also contend that:
– The buyout promises payments up until September. Legally, this is questionable because the government funding expires in March 2025.
– Employees were forced to accept the buyout in the face of potential layoffs.
– The whole endeavor mirrors Elon Musk’s notorious management approach, which had been observed in the past at Twitter after he took over the company in 2022.
What’s Next?
At least 40,000 federal employees – roughly 2% of the federal workforce – have already accepted the buyout offer, according to ABC News. However, the unions argue that these employees could be left in limbo if the government fails to follow through on the promised payments.
The next milestone in this litigation will occur on Monday afternoon, when the judge will hear further arguments. If he extends the block, it could mean significant delays and even the abandonment of the buyout altogether.
For now, federal workers are left hanging in limbo, waiting for the court’s final decision on Donald Trump’s contentious plan to overhaul his workforce.
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