OPM Fork in the Road

A mass email has been sent out to Federal employees framed as a "Fork in the Road" and purporting to offer employees the opportunity to resign now (deadline: February 6) but get paid until September 30, 2025. 

Clearly this is an effort by the Trump Administration to entice career civil servants to leave their jobs. While the offer may appear attractive, especially after the Trump Administration’s efforts to destabilize and frighten the career workforce, we advise that you approach it with a healthy degree of caution and skepticism. There are fundamental questions about the legal basis for the deferred resignation offer. There are questions about whether the budget process will allow for them to honor the offer. And when Elon Musk adopted this exact same tactic in the past, he did not honor the bargain. It’s also important to note that normally, employees would have the opportunity to be represented, raise questions, and negotiate the language of a resignation agreement to protect their rights. That opportunity is not available with this mass email approach.

What is the "Fork in the Road" email and purported deferred resignation program?

The "Fork in the Road" email, sent by OPM on January 28, 2025, purports to offer federal employees a choice between continuing their current employment under new workforce reforms or voluntarily resigning under a deferred resignation program. Employees who accept the deferred resignation are being told they will retain full pay and benefits through September 30, 2025, or until they accept a new job, whichever comes first, and will be exempt from return-to-office requirements during this period. 

Who is eligible for the deferred resignation program?

The email and related guidance state the program is available to all full-time federal employees except for:

- Military personnel of the armed forces

- U.S. Postal Service employees

- Employees in national security or immigration enforcement roles

- Employees in other positions specifically excluded by their agency

Is this a "Buyout" as has been reported in the media?

No. There is no additional money being promised to federal employees who accept this deal. The only thing claimed is that employees who accept the offer may remain in a telework status until September. Generally, if a federal employee goes on administrative leave and then accepts a different job to start within the time period in which they are on administrative leave, they generally cannot continue collecting salary/pay from the federal government simultaneously. 

Will I be placed on Administrative Leave if I accept this "Fork in the Road" offer?

There are no guarantees that you will be placed on Administrative Leave if you take this offer. However, OPM guidance does state that “ duties should be promptly reassigned or eliminated unless it's necessary to keep folks for transition purposes, and then they should be put on admin leave." In the FAQs, OPM states, “Except in rare cases determined by your agency, you are not expected to work." There is no definition of "rare cases" and no way, as of now, for you to determine your individual situation. 

What happens if I choose to remain in my position?

Employees who choose to stay may face uncertainty regarding their position as agencies undergo restructuring. While OPM assures that affected employees will be treated with “dignity” and afforded protections, the Administration’s actions thus far contradict that, and there are no guarantees about job security. Employees should expect also to be subject to new return-to-office policies and “enhanced” performance and conduct standards.

Can I take this "Fork in the Road" offer and later file a lawsuit claiming I was constructively discharged?

Likely, not. Resignations and retirements are presumed voluntary by the courts and therefore a constructive discharge or involuntary retirement claim is likely to be unsuccessful.

Can I take this "Fork in the Road" offer and then file for unemployment benefits after I lose my job at the end of September 2025?

Unemployment benefits rules vary state by state, but generally you are not entitled to unemployment benefits if you resign from your job.

What impact will accepting this "Fork in the Road" offer have on any existing claims I have pending against my employing agency, or against the federal government?

It is presently unknown whether accepting this "Fork in the Road" offer will require relinquishing your litigation rights. Employees should be cautious that OPM’s expressed statements and purported commitments may change when it is too late for employees to change their minds.

Can I trust this "Fork in the Road" offer?

Elon Musk offered buyouts to Twitter employees in November 2022, and then broke that promise shortly thereafter. Given the lack of authority in federal laws and regulations for this unprecedented offer, it is hard to know whether the offer can or will be fulfilled.

Is this legal?

This is an unprecedented move by OPM and the federal government. We and many others are evaluating the legal questions posed by this purported offer. If you decide to formally assess that legal risk as it applies to your situation, you might want to consider consulting with legal counsel or your union (if you are a bargaining unit employee).

The FAQ issued by OPM talks about being able to change my mind after I take the offer, can I change my mind?

Although the law allows federal employees to revoke a resignation after it is submitted but before the resignation is effective, this revocation has limitations including whether the agency has already backfilled for your position. The FAQ issued by OPM discusses the possibility an employee can later change their mind, but federal employees should be cautious about whether they will ultimately be offered such flexibility.

What should I do next?

If you have questions about your rights and options moving forward you should consult an attorney who focuses on federal employee rights. If you are a bargaining unit employee covered by a union you may also contact your union steward.