Education Department staff warned that Trump buyout offers could be canceled at any time
Source: NBC News
Feb. 5, 2025, 8:21 PM EST / Updated Feb. 6, 2025, 12:20 AM EST
Top officials at the Education Department told staff members Wednesday that if they accept the Trump administrations deferred resignation package, the education secretary may later cancel it and employees would not have any recourse, potentially leaving them without promised pay.
The Office of Personnel Management sent notices last week to federal employees that if they resign by Thursday, they could continue receiving pay and benefits until the end of September. The Trump administration hopes to get as much as 10% of the workforce to quit as part of a plan to shrink the federal bureaucracy.
But three Education Department officials told NBC News that Rachel Oglesby, the departments new chief of staff, and Jacqueline Clay, its chief human capital officer, described significant caveats to the so-called Fork in the Road offer in an all-staff meeting held over Zoom on Wednesday. The officials did not want to be named for fear of retaliation.
The education secretary would be allowed to rescind the agreement, or the government could stop paying, and employees who took the deferred resignation package would waive all legal claims, the three officials said they were told in the meeting. The three employees say they have seen only sample resignation agreements so far and would need to agree to resign by Thursday evening before they could see the actual terms of their separations.
Read more: https://www.nbcnews.com/news/us-news/buyout-trump-offer-workforce-resignation-musk-doge-opm-education-rcna190881
Walleye
(44,699 posts)sop
(18,517 posts)RainCaster
(13,684 posts)He weaseled out of paying off those he laid off at Shitter.
cyranodequixote
(4 posts)I'm a VA RN who's been on the fence about this for the last couple of days and although I'm not close to retirement, I've been considering going back to work for the State of Wisconsin where I put in 13 years as a Correctional Officer. State of WI retirement is a calculation that is based on top 3 earning years. As an RN, I will make much more than I did as a CO, but my options are limited. I will most likely have to work at a prison as an RN and I am worried that they may not be hiring when I apply.
This offered plan has sounded like a Golden Ticket for me because I have been feeling the burnout of working short staffed at the VA for years and leadership has been cracking down on even minor workplace allegations as a way to beef up disciplinary action. During T's first 4 years the rules were changed so that disciplinary actions remain on the books permanently. During COVID burnouts people got angry and got wrote up for dropping the F-bomb, now a MAGA crony can lie and get a person fired with progressive discipline even if the original sin occurred years ago.
I work in a hostile environment. 7 months of full benefits and pay would be a dream come true.
But then you reminded me that TRUMP NEVER PAYS HIS BILLS. That truth is the reminder I needed to hear.
tanyev
(49,225 posts)Im so sorry you have to deal with this.
BumRushDaShow
(169,326 posts)HERE is a link to the authorization LAW that was required to do this sort of thing when it was done back then (plus some articles that were published at the time) -
H.R.3345 - Federal Workforce Restructuring Act of 1994
SUMMARY
Federal Workforce Restructuring Act of 1994 - Amends Federal civil service law to eliminate various restrictions on employee training.
(Sec. 3) Authorizes temporary "buy-out" programs for encouraging selected groups of employees in the executive and judicial branches (except employees of the Department of Defense, Central Intelligence Agency, or the General Accounting Office) to separate from Government service, generally by April 1, 1995, by offering them lump-sum payments in order to avoid or minimize reductions in force (RIFs).
Requires: (1) such payments (the lesser of $25,000 or the amount of the employee's severance pay) to be paid from amounts available for the employee's pay, and, generally, to be fully repaid if the employee rejoins the Federal Government within five years of separation; (2) the elimination of one full-time equivalent position for each one vacated by reason of a lump-sum payment; (3) that there be no increase in service contract procurement by reason of this Act except where it is financially advantageous to the Federal Government; and (4) participating Federal agencies to make specified contributions to the Civil Service Retirement and Disability Fund based on the final rate of basic pay of each employee who retires early and receives the lump-sum payment for FY 1994 and 1995, as well as on the number of agency employees subject to the Civil Service or Federal Employees' Retirement System for FY 1995 through 1998.
Authorizes the Director of the Administrative Office of the United States Courts to establish a program for judicial employees consistent with this Act.
(Sec. 5) Sets annual limitations on the total number of full-time equivalent executive agency positions each year through FY 1999, subject to waiver under certain conditions, such as war or national emergency. Suspends further agency hiring in cases of noncompliance with such limitations.
(Sec. 6) Requires the Office of Personnel Management to submit annual reports on such "buy-out" programs to the Congress.
(Sec. 7) Provides for severance payments for certain employees under contract with the National Aeronautics and Space Administration who worked in Yellow Creek, Mississippi, and whose separation resulted from the termination of the Advanced Solid Rocket Motor Program.
(Sec. 8) Amends Federal civil service law and the Central Intelligence Agency Voluntary Separation Pay Act regarding optional forgiveness of the lump-sum repayment obligations of bought-out employees reemployed in positions for which there is exceptional difficulty in recruiting qualified employees.
(Sec. 9) Revises the Thrift Savings Plan (TSP), with changes providing all separating TSP participants with the same options for withdrawal.
(Sec. 10) Amends the Alaska Railroad Transfer Act of 1982 to: (1) allow application to employees of a State-owned railroad under such Act of the buyout provisions of this Act; and (2) reduce the amount of service time required for such employees who remained covered under the Civil Service Retirement System to carry both Federal health and life insurance benefits into retirement.
By The Associated Press
March 31, 1994
President Clinton signed legislation today intended to help reduce the Federal work force by about 273,000 people over the next five years by offering buyouts of up to $25,000 to employees who leave Government. "After all the rhetoric about cutting the size and cost of Government, our Administration has done the hard work and made the tough choices," Mr. Clinton said in a statement released in Coronado, where he is vacationing.
The legislation aims to help cut the full-time Federal work force to 1.88 million by the end of the fiscal year 1999 in a more compassionate and cheaper way than involuntary layoffs. The buyouts are expected to reduce the work force by nearly 12 percent over five years.
Under the bill, a Federal employee who has completed 12 months of continuous service could take severance pay or a lump sum of $25,000, whichever is less, on leaving the Government.
The employee buyout plan gained wide bipartisan support after it became evident that the reduction goals would not be reached through attrition or involuntary dismissals. Congressional investigators concluded that involuntary dismissals would disproportionately affect minorities and women.
(snip)
Another article on that -
LAW RAISES DOWNSIZING MANDATE TO 272,900 GOVERNMENT JOBS
March 30, 1994
By Stephen Barr
President Clinton signed legislation yesterday designed to speed the downsizing of the government by offering buyouts of up to $25,000 to federal employees who resign or retire early. "With the buyout authority granted by this legislation, agencies can target employees in unnecessary high-level jobs and maximize savings," Clinton said in a statement.
The governmentwide buyout authority will allow each federal department and agency to decide when to offer the cash incentives and where they should be offered within the organizations. The authority expires on March 31, 1995.
Office of Personnel Management Director James B. King has set up an office at OPM to provide information to employees and agencies. "Buyouts build on successful private-sector experience, and they make good management sense," King said.
The legislation also mandates that the government reduce the federal work force by 272,900 employees between 1993 and 1999, eliminating about 20,000 more jobs than was recommended by Vice President Gore's National Performance Review. "We welcome this action," said Office of Management and Budget Director Leon E. Panetta. He said the mandatory work force reduction "will bring the size of the bureaucracy below 2 million for the first time since 1966 and to its lowest level since 1950."
(snip)
The government is STILL operating under a Continuing Resolution and that has NO mention of any of this on it, let alone any funding to do such a thing. If Congress doesn't come up with some FY25 Appropriations for the rest of the year, or at least extend the C.R., then the government shuts down on March 14.
Fla Dem
(27,612 posts)atreides1
(16,799 posts)Reports say that 40K people took the deal. I'm going to say this will apply to the other agencies as well!
Katinfl
(791 posts)In what world could someone take an offer to resign in 6-7 months and then sit back and do nothing in the interim and get paid for those 6-7 months? Kaine is right ..there is no provision in the budget for this kind of payout.
BumRushDaShow
(169,326 posts)are probably familiar with this type of thing and *assume* that this is how the government does it too.
But it DOESN'T apply to the federal government UNLESS THERE IS AN AUTHORIZING LAW by Congress, and there isn't one.
I expect they may attempt try to get Congress to do some kind of "retroactive" thing now that they have been outed, but Congress has too much on their plate with the GOP in-fighting over how to extend those tax cuts for the rich.
I posted upthread what such a law would look like based on what was done back in 1994 - https://www.democraticunderground.com/?com=view_post&forum=1014&pid=3390588
cyranodequixote
(4 posts)The "Fork in the Road" should really be called "The Carrot and the Stick". Over 2 million federal workers have been receiving those emails and I guarantee that the later is more true than the former based on the wording.