Date: February 6, 2025
TELG principal Scott Oswald spoke with WUSA9 about the Trump administration's deferred resignation offer for federal employees, the ongoing debate of its legality, and what options federal employees have. Mr. Oswald's advice took into consideration probationary employees, employees who have already accepted the then paused offer, and others.
Quoteworthy:
"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."
R. Scott Oswald
[EXCERPT]
Federal Workforce Fallout: Employees face uncertainty with deferred resignation offer legalities under debate
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.
[…]
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.
