Federal employees across the country nervously watched the clock yesterday as they debated whether or not to accept the Trump administration’s unprecedented mass resignation offer. But the dreaded midnight deadline never arrived.
Instead, a federal judge in Boston postponed the decision until at least next Monday, when the Trump administration will face off in court against a coalition of federal worker unions challenging the proposition, which they claim is “arbitrary, capricious, and not in accordance with the law.”
The plaintiffs argue in their lawsuit that the resignation offer is illegal because the executive branch promised to pay money controlled by Congress. They claim it also violates the Administrative Procedures Act, which governs government agencies.
However, lawyers told Fortune’s Sara Braun that Monday’s hearing is likely to be only the beginning of a much longer legal battle. If the government appeals, they say there will be a hearing for a permanent injunction followed by a merits trial. Meanwhile, the lawsuit is likely to move from district court to circuit court and beyond.
“I assume this will be taken all the way to the Supreme Court,” says Peter Rahbar, a leading employment lawyer with the Rahbar Group.
So far, NBC News reports that approximately 60,000 employees have accepted the resignation offer, representing a small percentage of the total workforce. It is unclear how the legal back and forth will affect those workers in the coming weeks and months.
Although there is no doubt that federal employees are under tremendous pressure right now, it appears that firing these employees may be more complicated than simply sending a mass email. According to Rahbar, the majority has the right to notice, an appeal, and collective bargaining rules that must be considered.
“Federal workers are difficult to fire. They have rights that private-sector employees do not have,” he claims. “And frankly, I think that’s why a lot of government employees are comfortable rejecting this.”
