WASHINGTON, D.C. (NBC News) — As millions of federal workers face a looming deadline to decide whether to accept the Trump administration’s unprecedented buyout offer, questions remain over whether the plan is even valid without Congress’ approval, according to interviews with federal law and labor experts.
More than 60,000 employees have already agreed to resign as part of President Donald Trump’s effort to rapidly reduce the government workforce, with more being coaxed to take the deal ahead of a Monday deadline.
That same day, a federal judge in Boston is expected to hear arguments over the merits of the “deferred resignation” program, which is being challenged by several labor unions.
“I think this program is likely to be struck down,” said Justin Schnitzer, a managing partner at Fedelaw, a Maryland law firm that specializes in federal employment cases. “You see, in some of these emails, the administration says workers who take the buyout can ‘go on their dream vacation,’ things like that — but that’s clearly not how Congress appropriated funds.”
Stephanie Rapp-Tully, a partner at the law firm Tully Rinckey who practices federal employment law, said the administration is making claims it can’t guarantee.
“The government cannot promise future pay if it’s not authorized or appropriated by Congress,” Rapp-Tully said. “That’s a major concern.”
Congress hasn’t appropriated funding beyond March 14, as the prospect of a government shutdown looms unless a bipartisan deal can be reached amid Trump’s sweeping agenda to unilaterally reshape the government.
The initial Jan. 28 email, with the subject line “Fork in the Road,” was directed toward roughly 2 million federal employees deemed eligible for “deferred resignation.” The pitch: If they reply with the word “resign,” they will be exempted from all in-person work requirements and can continue collecting salaries and earning benefits through Sept. 30.
