On January 28, the Trump administration sent a letter to all federal employees outlining a buyout scheme called “Deferred Resignation.” According to the U.S. Office of Personnel Management, this program would allow federal employees to resign between now and February 6, with the resignation taking effect on September 30. In the meantime, employees would be exempt from all in-person duties while still receiving full pay and benefits, until their positions are officially terminated.
However, employees who choose not to resign face uncertainty regarding their job security. On his first day in office, President Trump signed an Executive Order titled “Restoring Accountability to Policy-Influencing Positions Within the Federal Workforce.” This order reclassifies career federal employees as political appointees, stripping them of civil service protections and making them subject to termination at will.
To establish standards for employees under this new classification, the administration introduced four pillars that all federal workers must adhere to.
First, all employees must return to the office five days a week, as remote work will no longer be permitted. The administration claims it will reward those who “exceed expectations,” though it does not specify how performance will be measured or what consequences await those who do not meet these vague standards. The federal workforce will also be downsized and restructured in an effort to “streamline” agencies, though the extent and nature of these changes remain unclear.
Concerningly, the administration has stated that employees must be “loyal and trustworthy.” The letter also warns employees that there are no guarantees they will keep their jobs, nor will they be informed in advance if they will be terminated under these new guidelines. This effectively presents federal employees with three options: align yourself with the administration’s ideology, resign and walk away, or potentially lose your job.
Many employment attorneys are warning federal employees against resigning and accepting this offer from the new administration. Michelle Bercovici, an employment lawyer who primarily represents federal employees, stated, “I’m not aware of any authority that exists right now for OPM to order agencies to give this number of people administrative leave. So I think it is very much possibly setting the stage for challenges because I feel OPM has vastly exceeded their authority.”
Beyond legal concerns, there is growing worry about the impact a mass exodus of federal employees could have on the government’s ability to function. If a large number of employees resign at once, there will inevitably be a gap between their departure and the time it takes for the Trump administration to hire and install replacements. This could lead to an even bigger issue than a federal workforce packed with political loyalists; a federal government that simply isn’t functioning at all.
The government was built on a system of checks and balances and has always been run by civil servants who are accountable to the American people. This buyout offer raises concerns about maintaining those safeguards and the integrity of the Civil Service system. If implemented, it could impact the nonpartisan nature of agencies like the FDA, CDC, DOJ, and FTC, shifting the focus from expertise and experience to political loyalty. This would mark a significant change in how federal agencies operate, with potential implications for their independence and effectiveness.