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Tuesday, February 18, 2025

Attorneys general challenge Trump administration’s deferred resignation offer for federal workers

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Attorney General Dana Nessel | Official website

Attorney General Dana Nessel | Official website

Michigan Attorney General Dana Nessel has joined a group of 21 attorneys general in challenging the Trump administration's federal "buyout" plan, which affects federal employees. The coalition filed an amicus brief supporting a motion for a temporary restraining order in the case American Federation of Government Employees, AFL-CIO, et al v. Ezell.

Nessel expressed concern over the impact on Michigan's federal employees, stating: “Michigan is home to tens of thousands of federal employees who serve our communities in a variety of critical ways." She criticized the plan as an attempt to replace dedicated public servants with administration loyalists and described it as illegal and harmful.

The U.S. Office of Personnel Management had issued communications offering federal employees until February 6 to accept a "deferred resignation," allowing them to resign while retaining pay and benefits. These offers were reportedly accompanied by implicit threats of furloughs or layoffs.

The plaintiff unions have taken legal action in the United States District Court for the District of Massachusetts, arguing that the directive caused confusion among federal workers and violated federal ethics regulations.

U.S. District Court Judge George A. O’Toole, Jr., has temporarily stayed the deadline for this directive until February 10, when a hearing will be held in Boston.

In their proposed amicus brief, Attorney General Nessel and her colleagues highlighted the potential negative effects on cooperation between different levels of government and described the directive as coercive. They urged the court to issue a temporary restraining order to protect both federal workers and public interests.

Attorney General Nessel also advised Michigan residents considering the offer to proceed with caution.

The attorneys general from Arizona, California, Colorado, Connecticut, Delaware, Hawaiʻi, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont Washington and D.C., joined Nessel in filing this brief.

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