What If I Didn’t Accept “Deferred Resignation” as a Federal Employee?

While employees who accepted the Trump administration’s “deferred resignation” offer are facing numerous questions, those who declined the offer—or who were ineligible to accept it—are facing a significant amount of uncertainty as well. If you didn’t accept (or didn’t receive) the offer, what do you need to know going forward? Recognizing that many questions remain unanswered, here are some insights based on what we know currently from Pennsylvania federal discrimination lawyer Jay Stafford.

The Deferred Resignation Program is Closed (Though Exceptions May Apply in Limited Circumstances)

The federal Deferred Resignation Program officially closed last week. Currently, the “Overview” page for the program on the U.S. Office of Personnel Management’s (OPM) website states in full, “The Deferred Resignation Program is now closed. Any resignations received after 7:20pmET, February 12, 2025 will not be accepted.”

The OPM’s FAQs page confirms that accepting the administration’s offer is “generally” not an option for those who did not accept the offer before the revised February 12 deadline. However, it leaves open the possibility of late acceptance in certain circumstances. In response to the question, “What if I decide after the program closes that I would like to accept the deferred resignation offer?” the OPM’s FAQs state:

“Deferred resignation will generally not be available to those who resign after the program closes. Certain exceptions might be made for employees who were on approved absence for some or all of the period while the program was open.”

A subsequent FAQ answer states that employees who missed the deadline to accept the offer due to an approved absence may request an extension and that “[e]mploying agencies may grant reasonable extensions.” Thus, if you are interested in accepting the offer late and believe that you may qualify based on an approved absence, it currently appears that you will need to request an extension directly from your employing agency.

Those Who Did Not Accept the Offer Are Subject to the Administration’s Ongoing Efforts to Reduce the Federal Workforce

Rejecting the administration’s offer does not preserve federal workers’ status within the federal government. While the deferred resignation offer was intended as a way to get some federal employees to voluntarily resign from their positions, the administration has made clear that it still intends to aggressively reduce the size of the federal workforce going forward.

It intends to do this in several ways. For example, some of the administration’s current initiatives focused on reducing the size of the federal workforce include:

• Requiring federal agencies to “promptly undertake preparations to initiate large-scale reductions in force (RIFs), consistent with applicable law.”
• Requiring federal agencies to “separate from Federal service temporary employees and reemployed annuitants working in areas that will likely be subject to . . . RIFs.”
• Establishing new “suitability” criteria for federal employees will open up additional grounds for removal.
• Directing agency heads to “identify at least 10 existing regulations to be repealed” for every new regulation proposed.
• Directing agency heads to ensure that “the total incremental cost of all new regulations . . . being finalized this year, shall be significantly less than zero.”
• Mandating that all federal agencies, departments, and commissions “terminate, to the maximum extent allowed by law, all DEI, DEIA, and ‘environmental justice’ offices and positions.”

Again, these are just examples. In addition, since reducing the size of the federal workforce is currently one of the administration’s top priorities—and as many of the administration’s current efforts to reduce the size of the federal workforce are facing challenges in the courts—there is a very good chance that we will see additional and/or alternate efforts to facilitate the termination of federal jobs going forward as well.

Protections Remain in Place for Federal Employees Who Are Targeted for Removal

While the administration is testing the limits of its authority to mandate the termination of federal workers and cut federal spending without Congress’s involvement, critical protections still apply. These include both procedural protections (i.e., the due process requirements for removing non-probationary federal employees) and substantive protections (i.e., the prohibitions against discriminatory removals targeting federal employees in protected classes).

With this in mind, if you find yourself facing removal in the wake of the administration’s deferred resignation offer, there are some important steps you should take to protect yourself. These steps include (but are not limited to):

• Make sure you have copies of your personnel records. In the event that you face termination for alleged misconduct, poor performance or lack of suitability, being able to demonstrate that you have not faced similar allegations in the past could be essential for challenging the purported basis for your termination.
• Keep copies of all communications related to your employment. Going forward, you should be careful to keep copies of all communications you receive related to your employment. This includes formal communications as well as informal emails, direct messages or voicemails from your manager or supervisor.
• Document any potential evidence of discrimination or other mistreatment. While the Trump administration may be doing away with the federal government’s DEI initiatives, discrimination based on race, sex, sexual orientation and gender identity (among other protected characteristics) is still plainly illegal. Federal law also prohibits disparate treatment of most federal workers based on their political affiliations or beliefs.
• Seek legal advice if you have questions or concerns. If you have any questions or concerns about your legal rights as a federal employee, you should consult with a federal discrimination lawyer promptly. You need to ensure that you are making informed decisions—including making informed decisions about taking legal action to protect your rights if necessary.

Request a Call with Pennsylvania Federal Discrimination Lawyer Jay Stafford

If you would like to speak with a lawyer about your current circumstances as a federal employee (or as a recently fired federal employee), we strongly encourage you to get in touch. To request a call with Pennsylvania federal discrimination lawyer Jay Stafford, please call 410-514-6099 or contact us confidentially online today.