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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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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.

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