A federal judge ruled Wednesday in favor of the Trump administration, reinstating President Donald Trump’s Deferred Resignation Program, also known as the “fork in the road” offer.
The program, implemented shortly after Trump’s inauguration, required federal employees to either return to their offices or accept a buyout to leave their positions.
#BREAKING: TRUMP AND ELON WIN IN COURT – Federal worker buyout allowed to proceed
A judge had previously BLOCKED the plan allowing federal workers to resign with 8 months pay.
Over 70,000 employees have already agreed to the deal.
THEY CAN’T STOP THE WINNING! pic.twitter.com/62P8UEJjZq
— Nick Sortor (@nicksortor) February 12, 2025
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U.S. District Judge George O’Toole of Massachusetts issued the decision, dismissing a lawsuit brought by the legal advocacy group Democracy Forward on behalf of labor unions representing thousands of federal employees.
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The lawsuit sought to overturn the program, arguing that it placed undue pressure on government workers.
In his ruling, O’Toole determined that the plaintiffs lacked standing, stating that the unions themselves were not directly impacted by the policy.
“[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 in the decision.
“The unions do not have the required direct stake in the Fork Directive, but are challenging a policy that affects others, specifically executive branch employees. This is not sufficient.”
O’Toole further ruled that his court lacked jurisdiction over the claims, stating that “aggrieved employees can bring claims through the administrative process,” rather than through union-led litigation.
“That the unions themselves may be foreclosed from this administrative process does not mean that adequate judicial review is lacking,” he added.
Following the decision, White House Press Secretary Karoline Leavitt hailed the ruling as a legal victory for the Trump administration.
“The court dissolved the injunction due to a lack of standing,” Leavitt told Fox News.
“This goes to show that lawfare will not ultimately prevail over the will of 77 million Americans who supported President Trump and his priorities.”
The U.S. Office of Personnel Management (OPM) had begun implementing the Deferred Resignation Program shortly after Trump’s inauguration, sending buyout offers to over 2 million federal civilian employees.
The initiative was designed to reduce the federal workforce while offering financial incentives for voluntary departures.
The program was met with strong resistance from labor unions. National Federation of Federal Employees (NFFE) President Randy Erwin called the buyouts “shady,” urging federal workers not to accept them.
“The offer is not bound by existing law or policy, nor is it funded by Congress,” Erwin said. “There is nothing to hold OPM or the White House accountable to the terms of their agreement.”
“Federal employees will not give in to this shady tactic pressuring them to quit. Civil servants care way too much about their jobs, their agency missions, and their country to be swayed by this phony ploy. To all federal employees: Do not resign.”
Despite union opposition, the program had already resulted in the resignation of approximately 75,000 federal workers by the time of the ruling.
Timeline of President Trump’s Deferred Resignation Offer that led to about 75,000 federal employees accepting an early resignation in exchange for pay throughout part of the year.
75K is almost 4% of the federal workforce.
This reduction is yet another campaign promise honored. pic.twitter.com/IApiDHylnO
— Paul A. Szypula (@Bubblebathgirl) February 13, 2025
The program also received support from Republican attorneys general, who submitted an amicus curiae brief on Sunday defending Trump’s authority to manage the federal workforce.
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“Courts should refrain from intruding into the President’s well-settled Article II authority to supervise and manage the federal workforce,” the filing stated.
“Plaintiffs seek to inject this Court into federal workforce decisions made by the President and his team. The Court can avoid raising any separation of powers concerns by denying Plaintiffs’ relief and allowing the President and his team to manage the federal workforce.”
Shortly after the ruling, an OPM spokesperson confirmed that the program had officially concluded.
“As of 7:00 PM tonight, the program is now closed,” the spokesperson told Fox News.
“There is no longer any doubt: the Deferred Resignation Program was both legal and a valuable option for federal employees. This program was carefully designed, thoroughly vetted, and provides generous benefits so federal workers can plan for their futures.”
With the court’s decision, the Trump administration’s efforts to restructure the federal workforce will proceed without legal roadblocks, while unions continue to push back against the changes.
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