Judge clears way for Trump’s federal employee buyout program to proceed

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Lauren Taylor Anchor/Reporter

By Lauren Taylor (Anchor/Reporter), Joey Nunez (Video Editor)

A federal judge ruled that President Trump’s federal employee buyout program can continue. In the ruling, the judge said labor unions lack standing to challenge it.
The American Federation of Government Employees criticized the program, while the White House welcomed the ruling.
The buyout offers federal workers full pay and benefits for eight months if they choose to resign. Roughly 75,000 employees have accepted the offer.

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A federal judge ruled that President Donald Trump’s federal employee buyout program can move forward. This comes as the administration seeks to downsize the federal government through the Deferred Resignation Program.

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U.S. District Judge George O’Toole, in Boston, said that the labor unions behind the lawsuit are not directly impacted by the resignation program and, therefore, lack standing to challenge the directive.

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“[T]hey allege that the directive subjects them to upstream effects including a diversion of resources to answer members’ questions about the directive, a potential loss of membership, and possible reputational harm,” O’Toole wrote, adding, “This is not sufficient.”

The judge also noted that his court lacks subject matter jurisdiction and stated that federal employees should bring their complaints to the independent agencies responsible for handling personnel matters.

In response, American Federation of Government Employees (AFGE) National President Everett Kelley issued a statement, saying in part: “We continue to maintain it is illegal to force American citizens who have dedicated their careers to public service to make a decision, in a few short days, without adequate information, about whether to uproot their families and leave their careers for what amounts to an unfunded IOU from Elon Musk.”

The AFGE said its lawyers are assessing its next steps.

The White House also issued a response. Press Secretary Karoline Leavitt said in a statement, “The court dissolved the injunction due to a lack of standing. This goes to show that lawfare will not ultimately prevail over the will of 77 million Americans who supported President Trump and his priorities.”

Shortly after Trump’s inauguration, his administration offered approximately 2 million full-time civil workers the option to resign and receive full pay and benefits for eight months. Trump also stated that those who did not accept the offer would have to return to in-person work beginning Feb. 6. The president warned that future job cuts could affect employees who declined the buyout.

Labor unions urged federal workers not to accept the buyout. They question its legality and filed a challenge to the Deferred Resignation Program.

According to a spokesperson for the U.S. Office of Personnel Management, approximately 75,000 employees have accepted the offer.

Tags: Department of Government Efficiency, DOGE, Donald Trump, Elon Musk, federal employees

A JUDGE SAYS PRESIDENT TRUMP’S FEDERAL EMPLOYEE BUYOUT PROGRAM CAN CONTINUE AS THE TRUMP ADMINISTRATION LOOKS TO DOWNSIZE THE FEDERAL GOVERNMENT WITH THE DEFERRED RESIGNATION PROGRAM.

IN HIS DECISION, U.S. DISTRICT JUDGE GEORGE O’TOOLE IN BOSTON SAID THE LABOR UNIONS – WHICH FILED THE LAWSUIT ARE NOT DIRECTLY IMPACTED BY THE RESIGNATION PROGRAM AND THEREFOR, LACK THE STANDING TO CHALLENGE THE DIRECTIVE.

“[T]HEY ALLEGE THAT THE DIRECTIVE SUBJECTS THEM TO UPSTREAM EFFECTS INCLUDING A DIVERSION OF RESOURCES TO ANSWER MEMBERS’ QUESTIONS ABOUT THE DIRECTIVE, A POTENTIAL LOSS OF MEMBERSHIP, AND POSSIBLE REPUTATIONAL HARM. THIS IS NOT SUFFICIENT,” O’TOOLE WROTE.

THE JUDGE ALSO STATED THAT HIS COURT LACKS SUBJECT MATTER JURISDICTION AND THAT FEDERAL EMPLOYEES SHOULD BRING THEIR COMPLAINTS TO INDEPENDENT AGENCIES HANDLING PERSONNEL MATTERS.

IN RESPONSE, THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES (AFGE) NATIONAL PRESIDENT EVERETT KELLEY ISSUED A STATEMENT SAYING IN PART: “WE CONTINUE TO MAINTAIN IT IS ILLEGAL TO FORCE AMERICAN CITIZENS WHO HAVE DEDICATED THEIR CAREERS TO PUBLIC SERVICE TO MAKE A DECISION, IN A FEW SHORT DAYS, WITHOUT ADEQUATE INFORMATION, ABOUT WHETHER TO UPROOT THEIR FAMILIES AND LEAVE THEIR CAREERS FOR WHAT AMOUNTS TO AN UNFUNDED IOU FROM ELON MUSK.”

THE AFGE SAYS IT’S LAWYERS ARE ASSESSING IT’S NEXT STEPS.

THE WHITE HOUSE ALSO RESPONDED. PRESS SECRETARY KAROLINE LEAVITT SAID IN A STATEMENT: “THE COURT DISSOLVED THE INJUNCTION DUE TO A LACK OF STANDING. THIS GOES TO SHOW THAT LAWFARE WILL NOT ULTIMATELY PREVAIL OVER THE WILL OF 77 MILLION AMERICANS WHO SUPPORTED PRESIDENT TRUMP AND HIS PRIORITIES.”

SHORTLY AFTER TRUMP WAS INAUGURATED, HIS ADMINISTRATION OFFERED APPROXIMATELY 2-MILLION FULL-TIME CIVIL WORKERS TO RESIGN AND RECEIVE FULL PAY AND BENEFITS FOR EIGHT MONTHS. TRUMP ALSO SAID THOSE WHO DID NOT ACCEPT THE OFFER WOULD HAVE TO GO BACK TO WORKING IN PERSON AT THE OFFICE STARTING FEBRUARY 6TH. THE PRESIDENT ALSO SAID THOSE WHO DID NOT ACCEPT THE BUYOUT COULD BE AFFECTED BY FUTURE JOB CUTS.

LABOR UNIONS URGED FEDERAL WORKERS NOT TO ACCEPT THE BUYOUT, QUESTIONING THE LEGALITY AND FILED A CHALLENGE TO THE DEFERRED RESIGNATION PROGRAM.

ACCORDING TO A SPOKESPERSON FOR THE U.S. OFFICE OF PERSONNEL MANAGEMENT, APPROXIMATELY 75-THOUSAND EMPLOYEES ACCEPTED THE OFFER.