This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.
By John V. Berry, Esq
With the deadline approaching today (February 6, 2025) for federal employees considering whether to take up the administration’s offer to resign and get paid through the end of September (“Fork in the Road” email), many still have questions.
There have been multiple changes to the offer and proposed settlement terms over the last few days so employees accepting the deferred resignation are facing risks as to whether or not the program will work as planned.
Many federal employees offered the deferred resignation opportunity could benefit from it, but one of the problems is that the program has been rushed out too quickly. With the speed that the program was put in place, most federal employees have been confused about how it applies, whether they will have to do any work during the resignation period and whether it is binding. Most agency administrators have been unable to properly advise subordinate federal employees on what type of work they will have to do during the resignation period and many other questions.
One version of the Fork in the Road email suggests that vacations are an option, which is likely not the case. Federal employees can expect to work to some degree (or perhaps full time) from home if they accept the deferred resignation offer. We just don’t know what will happen.
The Reality of the Resignation Offer
We are advising federal employee clients to seriously consider the risks before accepting OPM’s deferred resignation offer. While the offer is appealing to many, it involves a leap of faith. If something goes wrong with the resignation offer in the courts, such as it is found to have not been appropriated correctly by Congress, or whether it complies with the Administrative Procedures Act and other laws, individuals could be left without any option to challenge the agreement. We wrote about these issues when it first came out.










