Scott Oswald, managing principal at the Employment Law Group joined WUSA9 to discuss the legalities of the offer and next steps for federal employees.
WASHINGTON — A federal judge has paused President Trump’s deadline for federal employees to accept a deferred resignation offer. The deadline was set for Thursday, but the deadline has now been moved to Monday, as the legality of the offer plays out in court.
The deal offered federal employees the option to resign now and get paid through September while retaining benefits. Scott Oswald, managing principal at the Employment Law Group joined WUSA9 to discuss the legalities of the offer and next steps for federal employees.
We asked Oswald what advice he would give to employees still on the fence about what choice they should make.
“[When] thinking about this is to decide whether you’re willing to accept an offer, that actually may never materialize. If that’s the case, take the offer, but otherwise wait and see,” said Oswald.
WUSA9 has been covering this story from the beginning, with the residents in mind and working to get you answers to your questions. One viewer DM’d our Simone De Alba and asked, “I was hired to my DOJ appointment just 3 months ago. They’re still in a probationary period. If I resign by tomorrow, am I entitled to the terms outlined in the deferred resignation program? If I stay, what are my rights?”
Oswald’s specializes in workplace justice and said, “So probationary employees it’s tougher because you don’t have the general rights that other employees do that pass their probation period. But for her, it actually may be a good deal because if you get the additional 9 months she may be able to stay, uh, you know, through Monday and then and then not have to work beyond that point. The real problem is whether ultimately because this agreement is not enforceable, uh, whether ultimately you’re gonna get and see the monies between now and September.”
While some people are on the fence about what they should do, others felt this deal was a dream and took the offer. But what happens to them now that the offer has been paused?
“Check in with your supervisor right away. Find out what they’ve done. There may be a possibility the supervisor will accept a rescission on the agreement. But don’t bet on it. Most likely what’s gonna happen is they’re gonna say no, we’re gonna accept your resignation and proceed accordingly.” said Oswald.
Many federal employees banned together and filed a lawsuit to have the deferment blocked. Which begged the question, was this offer even legal?
“It’s not legal, and the reason it’s not legal is because of the fact that it bypasses established severance statutes that are in place right now. The administration could have used those, but they would have to then consult Congress. They didn’t want to do that, so they bypassed this to use a process which is not authorized right now. What is authorized is 10 days of administrative leave and so what they’re offering really is beyond what the statute provides. And very likely, Congress may not even fund this money.” Oswald said.
The hearing is currently scheduled to take place on Monday, Feb. 10 at 2 p.m. If you’re still on the fence about what to do here are some things you should know before you sign:
- Ask for the agreement you have to sign after you send your resignation letter
- Once you sign you’re giving up all rights you have as a federal employee
- You will not be able to contest any decision made not to pay you in the future
- You could potentially still qualify for retirement payments, but you need to speak with HR to double-check.
- Speak with your direct supervisor to get all the information