Michigan AG, other states warn federal employees about Trump administration's 'deferred resignation' offer, calling it 'misleading'

Dana Nessel
Photo credit © Mandi Wright / USA TODAY NETWORK via Imagn Images

LANSING (WWJ) — Michigan Attorney General Dana Nessel has joined a coalition of 12 attorneys general from states across the country warning federal employees about what they call “the Trump administration’s misleading ‘deferred resignation’ program.”

On Jan. 28 the U.S. Officer of Personnel Management (OPM) sent an email to millions of federal employees detailing a new “deferred resignation program” in which they were told that if they accept the offer and resign, they would continue receiving all pay and benefits and be exempt from in-person work requirements until Sept. 30, according to Nessel’s office.

Another OPM email sent to federal employees two days later reiterated the offer and urged them to find “higher productivity” jobs outside of the government, according to Nessel’s office.

The deadline for the proposed deferred resignation program is Thursday, Feb. 6. The emails from the OPM also “warned that those who did not resign were not guaranteed to keep their jobs,” the AG’s office said.

“I take my role to protect Michigan consumers very seriously, and that includes the tens of thousands of federal workers who call this state home,” Nessel said in a Tuesday press release. “For those considering the buyout, read the fine print before signing and be cautious, as certain benefits may not be guaranteed. Employees who are represented by a union should work with their labor representatives before entering into any contract changes.”

“Immediately following OPM’s email, unions representing federal employees warned their members against accepting the offer,” the AG’s press release said.

The American Federation of Government Employees — the largest federal employees’ union — has released information for its members, warning them that employees who accepted the offer were not guaranteed its benefits. The National Federation of Federal Employees similarly warned its members against accepting the offer.

NPR reported Tuesday that the OPM’s emails sent two days apart had conflicting messaging:

“Now, with the deadline to accept the offer nearing, federal agencies have sent out new terms and conditions in the form of a sample contract agreement that employees are told they can use to ‘memorialize’ the deal. It's unclear who from the government would sign the agreements, or whether the contracts would be legally binding,” the NPR report said. “Adding to the confusion, some of the sample contract language diverges from the first email, which came from the U.S. Office of Personnel Management (OPM) with the subject line ‘Fork in the Road,’ and other guidance presented to date.”

“For example, some of the sample contracts sent out state that employees who accept the ‘Fork’ offer are agreeing to work through Feb. 28, to ensure a smooth transition of duties, and will be put on paid administrative leave no later than March 1.”

“It is the first mention of any such dates tied to the ‘Fork’ offer.”

The NPR story also points out that no government agencies or departments are guaranteed to be funded beyond March 14, when the latest congressional budget agreement expires.

Nessel joined 11 other attorneys general in sending a warning about the offer: Arizona, California, Connecticut, Delaware, Hawaii, Maryland, Minnesota, New Jersey, New York, Vermont, and Washington.

Featured Image Photo Credit: © Mandi Wright / USA TODAY NETWORK via Imagn Images