The Lawfare Podcast

Lawfare Daily: The Legality of OPM's "Deferred Resignations”

Feb 5, 2025

Nick Bednar, an associate professor of law at the University of Minnesota, brings his expertise in national security law to the forefront. He delves into the controversial 'deferred resignation program' proposed by the Office of Personnel Management, raising crucial questions about employee rights and potential legal recourse. Bednar explains the confusion federal employees are experiencing due to unclear communications and outlines the legal complexities that could impact their futures. He reflects on the value of public service and the challenges civil servants face in navigating uncertain times.

47:30

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Nick Bednar

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Quick takeaways

The OPM's deferred resignation program raises serious legal concerns about its validity and potential impact on employees' rights and compensation.

Federal employees are confronted with uncertainty regarding their financial security and job stability due to the program's lack of clarity and funding issues.

Deep dives

Ambiguity of the Deferred Resignation Program

The recent initiative by the Office of Personnel Management (OPM) to offer federal employees a deferred resignation program raises significant legal and procedural questions. Many employees received an email that lacked clear legal citations, creating confusion regarding the offer's validity. This program, which supposedly allows employees to resign and remain on administrative leave until September while receiving pay, is unprecedented and not in line with traditional civil service protocols. The lack of standard personnel forms and unclear terms within the email only adds to the growing skepticism among federal employees about the authenticity and legality of the offer.

Intro

3min

Enhancing Sleep Quality with Innovative Earbuds

2min

Legal Complexities of Deferred Resignation

25min

Navigating Business Uncertainties and Legal Complexities

7min

Navigating the Deferred Resignations Dilemma

17min

Value of Public Service: A Reflection on Contributions

2min

On Jan. 28, the Office of Personnel Management (OPM) sent out an email offering a “deferred resignation program” to over 2 million federal employees, encouraging them to resign effective Sept. 30. The offer is only open until Feb. 6—and in the intervening days since OPM announced the program, federal employees have received a blizzard of followup emails offering confusing and rapidly changing information.

Writing in Lawfare, Nick Bednar has examined the OPM offer and raised questions about whether federal employees who take this option will be able to seek legal recourse if their contract is not paid out. On the podcast, Bednar, an associate professor of law at the University of Minnesota, joined Lawfare Senior Editor Quinta Jurecic to walk through the many legal issues raised by the program and how federal employees are handling this period of uncertainty.

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