The Lawfare Podcast Lawfare Daily: The Legality of OPM's "Deferred Resignations”
11 snips
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.
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The "Deferred Resignation Program"
- Trump intends to shrink the federal workforce, leading to the "deferred resignation program".
- This program offers administrative leave with pay and benefits until September 30th upon resignation.
Initial Reactions and OPM's Response
- Initial email caused confusion and was mistaken for spam due to its unusual sender and lack of legal clarity.
- OPM followed up with FAQs, repeatedly emphasizing the program's legality and benefits, even suggesting vacation time.
Red Flags in the OPM Memo
- The OPM memo raises red flags, including its origin, lack of standard forms, and deviation from established buyout procedures.
- It also uses the same "fork in the road" subject line as Elon Musk's email to Twitter employees.