Federal workers across the country nervously watched the clock yesterday as they contemplated whether or not to take the Trump administration’s unprecedented mass resignation offer. But the dreaded midnight deadline never came.
Instead, a federal judge in Boston delayed the decision until at least next Monday, when the Trump administration is scheduled to face off in court against a coalition of federal worker unions challenging the proposition, which they say is “arbitrary, capricious, and not in accordance with law.”
The plaintiffs argue in their suit that the resignation offer is illegal because of the executive branch's promise to pay money that’s actually controlled by Congress. They say it also violates the Administrative Procedures Act, which regulates government agencies.
But Monday's hearing is likely just the beginning of a much longer legal battle, lawyers told Fortune’s Sara Braun. If the government appeals, they say, there will be a hearing for a permanent injunction, and then a trial on merit. Meanwhile, the lawsuit will likely go from the district court where it is now, to the circuit court, and beyond.
“I assume this will be taken all the way up to the Supreme Court,” says Peter Rahbar, a leading employment lawyer for the Rahbar Group.
So far, around 60,000 workers have reportedly taken the resignation offer, NBC News reported—a small percentage of the total workforce. It’s not clear yet how those workers will be affected by the legal back and forth to come over the next few weeks and months.
Although there's no doubt that federal employees are under massive pressure right now, it turns out getting rid of these workers may be a bit more complicated than just sending a mass email. The majority have a right of notice, a right to appeal, and collective bargaining rules that must be considered, says Rahbar.
“Federal workers are hard to fire. They have rights that private-sector workers do not have,” he says. “And frankly, I think that’s why a lot of government employees are comfortable rejecting this.”
Azure Gilman
azure.gilman@fortune.com
