Court extends temporary halt on 'defered resignation' due date
In a significant development, U.S. District Judge George A. O'Toole Jr. has extended his order blocking the Trump administration from implementing the controversial "deferred resignations" program. This decision came on Monday, September 16, 2025.
The program, which offers federal employees eight months' worth of pay and benefits in exchange for not working and resigning by September 30, has been met with strong opposition from unions and congressional Democrats. They have warned employees not to accept the deferred resignation offer due to draft agreements that require employees to waive their right to litigate their departure and unions' right to represent them.
Lee Saunders, president of AFSCME, praised Judge O'Toole's decision, stating, "Federal workers are heroes and should not be treated as numbers on a political scoreboard." Saunders also reiterated the unions' and Democrats' warnings against accepting the deferred resignation offer.
AFSCME, along with AFGE and NAGE-SEIU, are the plaintiffs in the lawsuit against the deferred resignations program. They argue that the program violates the Administrative Procedure Act due to its shifting legal justifications and chaotic rollout. The American Federation of Government Employees filed a separate lawsuit against the program.
Attorneys for the administration reportedly said that 65,000 employees have accepted the deferred resignation offer thus far. However, the deferred resignations program is still on hold, as per the latest court decision.
The Justice Department argues that unions lack standing in this case, and employees seeking to challenge the program must go first to the Federal Labor Relations Authority or the Merit Systems Protection Board. Judge O'Toole did not offer a timeline for when he would issue a decision in this case.
The case is ongoing, with no decision yet on when it will be resolved. Saunders' statement emphasises the importance of respect for federal workers in the ongoing legal battle. He stated, "The federal workers deserve respect."
As the legal battle continues, it remains to be seen whether the deferred resignations program will be implemented or if it will remain on hold. Federal workers will continue to wait for a decision that will affect their future.
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