Trump’s ‘deferred resignation’ offer for federal workers remains in limbo

By Josh Gerstein | 02/10/2025 06:43 PM EST

A judge weighing a challenge to the controversial plan didn’t immediately rule on its legality.

A group of people stand with signs outside an office building.

Rep. Rashida Tlaib (D-Mich.) speaks at a rally with federal workers outside the Office of Personnel Management on Feb. 7 to protest against "Department of Government Efficiency" initiatives, including the "Fork in the Road" offer. Kayla Bartkowski/Getty Images

BOSTON — More than 2 million federal workers will have to keep waiting for clarity over President Donald Trump’s controversial “deferred resignation” plan after a federal judge heard arguments Monday about the program’s legality without issuing an immediate ruling about its future.

During an hourlong hearing, U.S. District Judge George O’Toole gave few hints about his views on the program, which purports to allow federal workers to resign immediately but remain on the federal payroll through September.

Last week, O’Toole ordered a temporary pause that effectively extended the deadline for employees to take up the offer, which is being spearheaded by Elon Musk and his so-called Department of Government Efficiency. At the end of Monday’s hearing, the judge — an appointee of former President Bill Clinton — made clear that the pause remains in effect while he mulls the legal arguments in the case.

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O’Toole did ask at one point whether extending the deadline further might exacerbate its negative effects on the unions suing over it, since the number of employees opting in will likely increase.

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