Attorney General Neronha stands with federal workers in challenging “Fork in the Road” federal buyout

 

PROVIDENCE, R.I. – Attorney General Peter F. Neronha today joined a coalition of 21 state attorneys general, standing with the nation’s federal employees in a challenge to the Trump Administration’s federal “buyout” plan.  The so-called “Fork in the Road” directive is an attempt to force federal workers to choose, with only days to decide, between accepting a legally fraught “buyout” and potentially being terminated.

The coalition today moved to file an amicus brief in support of a motion for a temporary restraining order filed by the plaintiffs—the American Federation of Government Employees (AFGE); AFGE Local 3707; the American Federation of State, County and Municipal Employees; and the National Association of Government Employees—against the U.S. Office of Personnel Management’s (OPM) “Fork in the Road” directive, issued on January 28, 2025.  It gave most federal employees little more than a week (until February 6) to accept “deferred resignation,” which purportedly would allow federal workers to resign and retain pay and benefits without showing up to work until September 30, 2025, with an implicit threat that their positions may otherwise be eliminated anyway.

“This reckless directive is both a blatant attack on our nation’s federal employees and all Americans who rely on the important services that they provide,” said Attorney General Neronha. “As the Administration continues its campaign of chaos, we must again consider who benefits and who suffers under these directives. Our federal employees are non-partisan public servants responsible for making sure our government functions in the way that Americans have come to expect. This directive has the potential to cause devastating disruptions to our government in ways that we cannot yet fully comprehend. These employees deserve to maintain their jobs, and we deserve to know why this Administration is so intent on causing harm to the American people.”

The plaintiff unions filed suit in the United States District Court for the District of Massachusetts, emphasizing that the directive and associated FAQs—which were revised multiple times—caused widespread confusion and dismay among federal employees, who were faced with an arbitrary deadline based on a directive that the plaintiff unions assert is illegal and contrary to federal ethics regulations. On February 6, 2025, U.S. District Court Judge George A. O’Toole, Jr., stayed the purported deadline of the “Fork directive” until Monday, February 10, 2025, with a hearing to be held at 2:00 p.m. that day in Boston.

The coalition of attorneys general emphasized that the loss of indispensable federal employees could have a devastating effect on cooperative aspects of federal, state, and local government—from those who care for veterans to those who arrive when natural disaster strikes. The brief also describes the coercive nature of the directive to our Nation’s public servants. The coalition urged the court to grant a temporary restraining order to prevent this harm to federal workers—our friends and neighbors—and to protect the public interest.

Attorney General Neronha joined the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawai'i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Oregon, Vermont, Washington, and the District of Columbia on the proposed amicus brief.

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