Millions of Federal workers have received an email with the subject “Fork in the Road.” That is the same subject heading for a similar email sent to all Twitter employees after Elon Musk first purchased Twitter. This new version of “Fork in the Road” offers Federal workers an opportunity to work from home for eight months, receive their normal pay, and then resign in September. Or, does it? The email was sent by OPM, the Human Resource agency for Federal workers. But, OPM is its own agency. It is possible, perhaps probable that an offer from OPM would not be binding for employees of other agencies. If an employee of DOD, FTA, etc. accepts this offer, it may not be binding. Since DOD and the FTA did not make the offer.
No Dollar Amount
Another problem with the offer is no dollar amount is specified. The email states that employees who accept this offer will “retain all pay and benefits.” It does not explain which “pay and benefits” or whose “pay and benefits.” That is a problem. Musk’s email to Twitter employees resulted in many lawsuits, because he did not pay them everything they believed they were entitled to. More binding language would be “all normal and benefits to which you are entitled.” Or words to that effect. Not identifying which pay and benefits are retained renders the offer very tenuous. The email appears to avoid using more specific language.
Key Positions
Another problem is no agency, as far as I know, has specifically stated which positions are eligible for this offer. Contrary to what Musk and Trump believe, Federal workers are not inter-changeable. Some positions are more critical than others. We just had a horrific Army helicopter crash. At times like this, any agency would rely on the higher level Casualty Notification officials. You can expect pushback from agencies if key persons opt for this deferred resignation at a critical time. The email states that some positions may be excepted by individual agencies.
Deadline
The deadline is odd. Any Federal worker accepting this offer must do so by Feb. 6, 2025. That appears to be an arbitrary date not connected to any actual need. Why such a short deadline? The current budget runs through March 6. How is this deferred resignation program funded? So far, there is no known budget for allowing potentially thousands of Federal workers to stop working, while still receiving pay and benefits. This just not how the Federal government as an employer rolls. Where are the power point presentations explaining this deferred resignation? Where is the POC for additional information or questions? The whole program appears to be thrown together at the last minute, with little understanding of the Federal workforce.
Trust
Perhaps the biggest problem with this email is its timing. It arrives just one week into a new administration. A new administration that routinely disparages Federal workers. The Project 2025 makes many outlandish claims about Federal workers. See my prior post about Project 2025 and Federal workers here. The “Fork in the Road” email has invested zero effort into educating and preparing a large workforce for a life-changing decision. Having grown up in a military city and having served in the military for 28 years, its is odd to my ears hearing this routine disdain for Federal workers. It strikes me as irrational. That disrespect and this lack of preparation for such a major change suggests to me the new administration does not respect Federal workers. This is just an odd way to treat a valued workforce.
Any negtiation – and this is a sort of negotiation – require some minimal level of trust. This administration with its focus on reducing the Federal workforce with a meat cleaver has earned no trust.
The good folks at Gilbert Law firm in Maryland have also posted a blog post about this offer. They point out how the offer conflicts with two statutes regarding unpaid leave and voluntary separation. See that blog post here.
Pig in a Poke
So if a worker accepts this offer, they would then need to sign an actual agreement. So far, the two agreements I have read or read about require the employee to waive all claims against the government. So, for example, if the government makes an error regarding the amount of your retirement benefits, you could not file a legal action about that error. And, the final agreement also has a stipulation that the government can “rescind” the agreement. That ability to rescind makes the contract almost certainly illusory – meaning it is not binding on the employer. So, in essence, this “Fork in the Road” offer is really just a pig in a poke.