Attorney General Charity Clark has aligned with a coalition of 21 state attorneys general to support federal employees in their legal challenge against the Trump administration's "Fork in the Road" directive. This plan, which critics argue forces federal workers into a difficult decision between accepting a contentious buyout or facing potential termination, is at the center of a lawsuit filed by several unions.
The coalition has submitted an amicus brief supporting a motion for a temporary restraining order filed by plaintiffs including 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. The directive from the U.S. Office of Personnel Management (OPM), issued on January 28, 2025, required most federal employees to decide within days whether to accept "deferred resignation," allowing them to resign while retaining pay and benefits until September 30, 2025. Plaintiffs argue this directive comes with an implicit threat that their positions might be eliminated if they do not comply.
The lawsuit was filed in the United States District Court for the District of Massachusetts. It highlights confusion among federal employees due to multiple revisions of related FAQs and argues that the directive is illegal and contrary to federal ethics regulations. On February 6, 2025, U.S. District Court Judge George A. O’Toole Jr. stayed the deadline associated with this directive until February 10, pending a hearing.
Attorney General Clark expressed concern over what she termed as an unreliable buyout offer and emphasized her support for federal employees who provide essential services across America: “Federal workers are integral to our democracy, and I am proud that many Vermonters perform this vital work,” she stated.
In their amicus brief, Attorney General Clark highlighted potential negative impacts on cooperation between federal, state, and local governments if indispensable federal employees were lost indiscriminately. The brief describes how coercive measures could harm public servants' ability to serve effectively during critical situations like natural disasters or veteran care.
The coalition urged the court to issue a temporary restraining order to prevent harm to these workers and protect public interest.
The amicus brief can be accessed for further reading.