
For the employees told to ‘list what you did’ last week, this lawyer says, do it.
WASHINGTON โ Each week new orders for federal workers continue to roll out. But how should workers respond to the potential layoffs, buyouts, or ultimatums? The latest federal worker demand caught employees we talked to off guard.
โIt was a perfect way to ruin the weekend,โ one woman told us.
Each worker asked us to remain anonymous for fear of jeopardizing their jobs. But all of them said they got emails from the Federal Office of Personnel Management demanding all employees submit bullet points of what they did last week.
โYou donโt know what the right thing to do is,โ another woman said. โThe fear of losing your job is just a big factor.โ
After the order went out President Donald Trumpโs โspecial employeeโ Elon Musk posted to his social media platform X that โFailure to respond will be taken as a resignation.โ
โWe really haven’t seen anything like this on this scale,โ John Mahoney a lawyer who specializes in Federal employee law said.
โThe golden rule of employment law is to obey orders now and grieve them later,โ he advised.
On Monday, OPM backtracked on Muskโs order. But then Monday night, Musk followed up with another post where he said ignoring the email results in termination.
Still, Mahoneyโs advice is the same: write a prepared statement. He suggested:
โI supported and defended the constitution of the United States against all enemies foreign and domestic. I bore true faith and allegiance to the same. I took that obligation freely without any mental reservation or purpose of evasion, and I will and faithfully discharged the duties of the office which I hold, which include but are not limited to the following: (Then list the five things you’ve done last week) as well as other duties that were assigned. So help me God.โ
โEvery one of these folks has grounds for a lawsuit,โ Mahoney said.
Lawsuits that Mahoney believes could become quite expensive for the federal government.
โI don’t think (the administration) is really thinking this through very well,โ he said. โBut the reality is it can bite him in the backside at the end of the day, you know, three to five years from now, and they have to cut checks for everybody to come back to work.