In early 2025, millions of federal employees received a jarring email: (1) resign now, and you’ll get paid through September, or (2) prepare to be fired based on changing standards. The message, titled “Fork in the Road,” came from the Office of Personnel Management (“OPM”) under the direction of the Trump administration. It promised up to eight months of administrative leave—but only if employees resigned by February 6.
This abrupt and controversial buyout offer left many federal workers anxious, confused, and unsure of their rights. At Hoyer Law Group, our experienced federal employee attorneys are here to help navigate these turbulent times.
What’s Really Going On?
The “Fork in the Road” directive offered most civilian federal workers (excluding military, national security, and law enforcement personnel) a stark choice: walk away now and receive a paid severance-like leave, or stay and face a restructured, loyalty-focused workforce.
The Trump administration has made no secret of its intent to reduce the size of the federal workforce. Through the newly created Department of Government Efficiency (“DOGE”), led by Elon Musk, the administration has also ordered large-scale layoffs, shortened notice periods, and reclassified many positions to “at-will” status—making it easier to terminate employees without cause. At the same time, federal agencies were directed to automate tasks, cut contractors, and even halt issuing new government contracts unless approved by agency heads.
Is the Buyout Legal?
That’s still an open question.
Major unions, including the American Federation of Government Employees (“AFGE”), have challenged the deferred resignation plan in court. A federal judge initially paused the deadline while considering whether the offer violates the Administrative Procedure Act (“APA”). As of mid-February, more than 75,000 employees accepted the offer, but that’s far short of the administration’s target of 5–10% of the federal workforce.
Legal experts are divided. Some argue that the executive branch lacks the authority to promise severance without Congressional approval. Others say the plan resembles “garden leave”—where employees are paid but not expected to work—something that’s been used in federal agencies before. Still, the lack of contractual documentation, unclear terms, and potential funding issues mean employees who accepted the offer could be left unpaid and without recourse.
What If I’m Fired or Targeted?
Federal employees who reject the buyout face a significant risk: termination.
But here’s the good news—most federal workers are not at-will employees. They can only be fired for cause and enjoy due process rights under the Civil Service Reform Act and related statutes. Agencies must provide notice, evidence, and an opportunity to respond. Employees may appeal removals to the Merit Systems Protection Board (“MSPB”).
However, the system is under pressure. The Trump administration attempted to remove MSPB Chair Cathy Harris—an act currently being litigated. Without a functioning MSPB, appeals could be delayed, leaving wrongfully terminated employees in limbo.
Probationary employees (those typically in their first year) are especially vulnerable. In one case, a federal judge halted their mass firings, ruling that OPM overstepped its authority by directing agencies to terminate them without cause.
What About Whistleblowers?
You may be thinking about blowing the whistle if you’ve witnessed misconduct. However, doing so during this politically charged climate carries significant risks.
Before making a move, consult a whistleblower attorney. Whistleblowers should never use agency resources to report wrongdoing, must be careful with government documents, and should consider secure communication tools like Proton Mail or Signal. You have legal protections under the Whistleblower Protection Act. You can file retaliation claims with the Office of Special Counsel (“OSC”), MSPB, or your agency’s Office of Inspector General. But be prepared—retaliation is common, and the process can be slow.
Why Legal Representation Matters More Than Ever
In this time of sweeping federal workforce changes, having a skilled federal employee attorney isn’t just helpful—it’s essential. Whether you’re deciding whether to accept the buyout, facing possible termination, or contemplating protected whistleblower action, the stakes are high, and the legal landscape is shifting daily. An attorney can help you evaluate your specific position, assess potential risks, preserve your rights, and, when needed, pursue remedies through the Merit Systems Protection Board, the Office of Special Counsel, or federal court. Don’t navigate these decisions alone—professional guidance now can protect your career, your benefits, and your future in federal service.
What Should I Do Next?
If you’re a federal employee facing any of the following:
- Confusion about the buyout offer
- Termination or proposed removal
- Retaliation for whistleblowing
- Disciplinary action or adverse performance review
- Unfair treatment or discrimination
You need experienced legal counsel. At Hoyer Law Group, we represent federal employees nationwide. Our attorneys have successfully defended civil servants before the MSPB, OSC, EEOC, and in federal court. We also advise whistleblowers on secure, strategic disclosures—often involving federal fraud or misconduct. Contact us for a confidential consultation.
