Attorney General Bonta Stands with Federal Workers in Federal Buyout Challenge

OAKLAND – California Attorney General Rob Bonta 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. In today’s amicus brief, the attorneys general support 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. The 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. 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, under an implicit threat that their positions may otherwise be eliminated anyway.  

“This much is clear: the Trump Administration continues to trample over the rights of workers,” said Attorney General Bonta. “Our federal employees provide necessary services that Americans rely on and contribute to our economy. At the California Department of Justice, we will continue to stand firm in our commitment to fighting for workers’ rights and the unions that support them.”

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 disarray 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.

In today’s amicus brief, the attorneys general emphasized that the coercive nature of the directive to our Nation’s public servants harms the federal workforce.  The brief also explained that the indiscriminate loss of indispensable federal employees could have a devastating effect on federal, state, and local government, by improperly eliminating employees across the States who care for veterans to those who arrive when natural disaster strikes. The coalition urged the court to grant a temporary restraining order to prevent this harm to federal workers and to protect the public interest.

Attorney General Bonta joins the attorneys general of Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia in filing this amicus brief. 

A copy of the amicus brief can be found here.