Attorneys from Kalijarvi, Chuzi, Newman & Fitch, P.C. (KCNF) were recently quoted in The Washington Post and Bloomberg Law, providing critical legal insight into the Trump administration’s deferred resignation program for federal employees. The controversial initiative offers federal workers the option to resign voluntarily while continuing to receive salary and benefits through September 30, 2025—but the legal risks and uncertainty surrounding the program have raised serious concerns.
Legal Concerns and Challenges to the Program
Aaron Herreras Szot spoke to The Washington Post about the precarious position of employees who accepted the deal. Many are now uncertain about their standing, particularly after a federal judge in Massachusetts issued an order pausing the program’s February 6 deadline, pending further judicial review. “There’s not a reassuring answer we can give, because [under the deferred resignation program] there is still sole discretion with the agency in whether they’re going to approve that request to withdraw,” Szot explained, emphasizing the lack of clarity for employees who regret taking the deal.
Meanwhile, KCNF’s Mary Kuntz warned in Bloomberg Law that employees who voluntarily accepted the offer may struggle to challenge its terms later if the administration does not follow through on its promises. “You can’t bring a lawsuit until you’re harmed,” Kuntz explained, noting that legal challenges could be more viable in cases of forced layoffs rather than voluntary resignations.
Uncertain Future for Employees Who Accepted the Offer
Despite the pause in the deadline, tens of thousands of federal workers who already agreed to resign under the program face a legal and professional limbo. Many are wondering whether they can withdraw their resignation—or if they have put a target on their backs should the program be invalidated in court.
One major legal challenge is whether the deferred resignation program lacks clear statutory authority, with federal employee unions arguing that agencies cannot preemptively promise salary payments without congressional approval. The American Federation of Government Employees (AFGE) has filed a lawsuit seeking to block the program until the government “can provide adequate legal justification for the [program] and adequate legal assurance of its terms.”
What Comes Next?
The uncertainty surrounding the deferred resignation program is unlikely to be resolved quickly and further legal battles are almost certain.
At Kalijarvi, Chuzi, Newman & Fitch, P.C., we advocate for the rights of federal employees and are closely monitoring the legal developments surrounding the deferred resignation program. If you are a federal employee affected by this policy, we strongly encourage you to seek legal counsel before making any decisions.