Deferred Resignation Offer and Litigation Status

A federal judge in Boston on February 10 heard arguments over whether to extend a nationwide pause in the Trump administration’s bid to offer “deferred resignations” to federal workers who voluntarily leave government service.

Judge George O’Toole of the U.S. District Court for the District of Massachusetts initially paused the deadline for workers to accept the offer last week and held a hearing on February 10 over whether he should issue a temporary restraining order extending the pause.

He declined to rule on the matter from the bench and said the pause would remain in effect until he issues a new order.

The Metal Trades Department is closely monitoring this situation and will update this page and our social media as news breaks.

Talking Points on Deferred Resignation

1. Don’t Resign Yet – We strongly advise union members not to resign or respond to the Deferred Resignation Program email until more information is available.
2. No Guarantees – There is no evidence the administration can or will uphold its promises, that Congress will approve, or that funding is even available.
3. Not a Buyout – This is not a Voluntary Separation Incentive Payment (VSIP) program. There are no guaranteed benefits for those who opt-in.
4. Conflicting Information – OPM’s guidance contradicts itself on key issues like work requirements, eligibility, and legal protections.
5. Work Uncertainty – Employees may still be required to work, even though OPM claims work will be “rare.” There is no clear recourse if agencies require it.
6. No Job Protections – Resigning under this program does not shield employees from layoffs or adverse actions before September 30, 2025.
7. Outside Work? Maybe. – The program doesn’t prohibit outside employment, but agency rules still apply and could limit options.
8. Limited Eligibility – The program excludes employees in immigration enforcement, national security, USPS, military personnel, and other undefined agency-specific roles.
9. No Legal Recourse – If the government doesn’t uphold its promises, there’s no clear way to challenge it through appeals or grievances.
10. No Funding Guarantee – With government funding expiring March 14, 2025, there’s no assurance that agencies can even pay those who opt in.
11. Union Action – Local unions and Metal Trades Councils can fight back through information requests, bargaining demands, grievances, and unfair labor practice charges.