Judge stops Trump plan forcing workers back to office
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A federal judge issued a temporary halt Monday on the Trump administration’s ambitious plan to implement widespread government worker buyouts, creating uncertainty for the tens of thousands of federal employees facing a critical career decision.
Judge George O’Toole Jr. of the Boston U.S. District Court suspended a February 6 deadline that would have required federal workers to either accept buyout packages or return to in-person office work. The pause will remain in effect until O’Toole rules on whether to grant a preliminary injunction requested by public sector unions.
The buyout initiative, launched January 28 following President Trump’s executive order, targeted over 2 million federal employees. The order aimed to end remote work arrangements and mandate full-time office presence at designated duty stations.
Meet U.S. District Judge George O'Toole.
He's a Clinton judge in Boston.
Apparently, he thinks he can moonlight as the HR manager for the Executive Branch.
How the hell do these federal judges think they have the power to meddle with the President's early-retirement offer? pic.twitter.com/UqCFQVG5DK
— 🇺🇸 Mike Davis 🇺🇸 (@mrddmia) February 6, 2025
Three major unions – the American Federation of Government Employees, American Federation of State, County and Municipal Employees, and National Association of Government Employees – joined by 20 Democratic state attorneys general, filed legal action to stop Office of Personnel Management acting director Charles Ezell from implementing the “Fork in the Road” memorandum.
Prior to the judge’s intervention, OPM had warned that employees declining the initial buyout would lose access to full compensation and benefits through September 30. O’Toole, who was appointed under President Clinton, extended the deadline to 11:59 p.m. Monday after hearing arguments.
An OPM spokesperson confirmed that over 65,000 federal workers have already accepted buyouts under Trump’s “Deferred Resignation” initiative.
Union attorneys contend that Ezell’s resignation campaign violates both the Administrative Procedure Act and Antideficiency Act, which govern federal contracting and regulatory procedures. They further argue the program lacks Congressional approval and provides unclear severance terms while threatening mass termination for non-participants.
The American Federation of Government Employees has mounted strong opposition through demonstrations in Washington D.C., garnering support from Democratic lawmakers.
The initiative was developed with input from tech entrepreneur Elon Musk, incorporating strategies from his previous corporate restructuring at Twitter (now X).
Shame on Judge George O'Toole Jr. for blocking President Trump's "Fork in the Road" buyout! This last-minute judicial overreach undermines the President's efforts to streamline and reform the bloated federal bureaucracy. It's a clear example of judicial activism getting in the… pic.twitter.com/rwovilQkux
— James Hing (@RealJamesHing) February 7, 2025
Critics highlight that an impending March 14 government shutdown deadline could jeopardize the administration’s ability to deliver the promised eight months of salary and benefits to participating employees.
Department of Justice lawyers defend the program as a legitimate use of presidential authority, warning that further delays would cause significant disruption. Nearly two dozen Republican attorneys general submitted court documents supporting the administration’s position.
“Americans’ confidence in the federal government has reached depths not seen since the Vietnam War,” wrote the state AGs in their amicus brief, led by Montana’s Austin Knudsen, arguing that their constituents view federal government as oversized and inefficient.
Musk, who maintains close ties to the president, serves as a “special government employee” within the White House’s Department of Government Efficiency (DOGE), focusing on eliminating waste and mismanagement.
