Trump Administration “Fork Directive” Unlawful as Written, Unions Urge Court to Find
Offer, FAQs Are Misleading, Coercive
Lawsuit Seeks to Stay February 6 Deadline, Require Agency to Articulate a Lawful Policy
Massachusetts - In a legal challenge filed today, the American Federation of Government Employees (AFGE), AFGE Local 3707, the American Federation of State, County and Municipal Employees, (AFSCME), and the National Association of Government Employees (NAGE) represented by Democracy Forward, are seeking a to halt the Trump-Vance administration’s “Fork Directive” Feb. 6 deadline and require the government to articulate a policy that is lawful, rather than an arbitrary, unlawful, short-fused ultimatum which workers may not be able to enforce. The complaint was filed in Federal District Court in Massachusetts.
The “Fork Directive” is the latest attempt by the Trump-Vance administration to implement Project 2025’s dangerous plans to remove career public service workers and replace them with partisan loyalists. The “Fork Directive” amounts to a clear ultimatum to a sweeping number of federal employees: resign now or face the possibility of job loss without compensation in the near future. Even so, as employees face threats from the Office of Personnel Management (OPM) that failure to resign may result in being fired without compensation, workers are being offered a package that violates the law. For example, it is wholly unclear how the government can promise to pay workers for a deferred resignation when the funds to do so have not been appropriated.
The complaint further describes FAQs made available promoting the “Fork Directive” that are misleading. For example, despite assertions that workers would be free to accept other jobs after resigning, longstanding federal ethics regulations place numerous restrictions on the outside employment opportunities that a current federal worker can accept.
“AFGE is bringing this suit with our partners today to protect the integrity of the government and prevent union members from being tricked into resigning from the federal service,” said AFGE National President Everett Kelley. “Federal employees shouldn’t be misled by slick talk from unelected billionaires and their lackeys. Despite claims made to the contrary, this deferred resignation scheme is unfunded, unlawful, and comes with no guarantees. We won’t stand by and let our members become the victims of this con.”
“We are filing this lawsuit to stop the purge of qualified professionals from the federal government workforce. Not only are these actions illegal and a scam, but they are eroding the health and well-being of our communities. These workers do everything from making sure families receive their Medicare, Medicaid and Social Security benefits on time to protecting our drinking water and the food we eat to overseeing our national security. If this chaos goes unchecked, it will have devastating impacts on working people,” said AFSCME President Lee Saunders.
“The 'Fork Directive' is a blatant attempt to undermine the merit-based foundation of our civil service," said NAGE National President David J. Holway. "NAGE will not allow our members to be intimidated into making hasty decisions based on misleading information. The administration must be held accountable for this unlawful directive, and we are committed to protecting the rights and jobs of our members. NAGE stands firmly against any effort to replace qualified professionals with partisan loyalists at the expense of the American people."
“The vast majority—more than 90%— of Americans believe that government employees should be hired and promoted based on merit, not political loyalty. Yet, President Trump and his unelected associates are threatening that value and our hardworking, dedicated, and independent civil servants—individuals who swear an oath to support and defend the Constitution and the American people,” said Skye Perryman, President and CEO of Democracy Forward. “Civil service members deserve more than one-sided ultimatums and misleading schemes. Our team is proud to represent these unions that have been at the forefront of Trump’s attacks on our civil service, and we will continue to urge the court to act swiftly to examine unlawful ultimatums and protect our federal employees.”
The complaint alleges the “Fork Directive” violates the federal Administrative Procedure Act as arbitrary and capricious and for exceeding statutory authority under the Antideficiency Act. A copy of the complaint is available here.
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AFGE is the largest federal employee union, representing more than 800,000 workers in the federal government and the government of the District of Columbia. For the latest AFGE news and information, visit the AFGE Media Center.
NAGE represents over 125,000 public and private sector workers across the country, including 75,000 federal employees. Individuals who work tirelessly to support our communities, from keeping the lights on and water clean, highways safe, and state & federal Governments running, to providing essential EMS care and community protection services, NAGE members set the standard of service. For more information, please visit nage.org
Democracy Forward is a national legal organization that advances democracy and social progress through litigation, policy, public education, and regulatory engagement. For more information, please visit www.democracyforward.org.