An employment expert explains: There’s even more wrong with the “fork” email than you might have thought.
An oversize fork is carried at a rally with federal workers and supporters protesting against Elon Musk and his Department of Government Efficiency on Friday outside the Office of Personnel Management headquarters, in Washington.Elon Musk’s “Fork in the Road” email offering 2.3 million federal civil servants a “deferred resignation” through September set off a number of legal questions this country has never been forced to consider, and they’re finally making their way to federal court.
Kevin Owen, a partner at Gilbert Employment Law, a firm specializing in federal worker claims, tells me that since Monday he’s had nearly 100 consultations with civil servants who are considering the deferred resignation offer. He provided an array of reasons the White House isn’t hitting its quota, beginning with the “Fork in the Road” email’s reading like a “scam” and as “disrespectful.
Just as Musk could have perhaps received the same access to federal government agencies he chose to ransack by instead using ordinary, albeit slower legal channels, it’s reasonable to imagine that the deferred resignation program could have found success had there been any measure of forethought—that might have engendered more trust from its targets, and potentially the courts.
The offer too contains a release of all claims against the government relating to the deferred resignation offer, meaning that the government could, leaving workers with no remedy. Given that this isn’t Musk’s first “Fork in the Road” email, it’s worth revisiting howThe Only Way to Slow Down the Trump-Musk Coup, in what feels like a transparent effort to strong-arm workers toward acceptance while also sidestepping a paper trail that might help the unions or reporters.
Owen wouldn’t go so far as to speculate on what might happen Monday in Boston before O’Toole, the district court judge, but looking further down the road, he pointed out a potentially fatal flaw in the White House’s plan to downsize the federal government, a group that includes approximately 100,000 Justice Department lawyers.
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