Federal Employees Sue Over OPM Missive, Musk Termination Threat

Federal employees have been told to list their recent work accomplishments.
Federal Employees Sue Over OPM Missive, Musk Termination Threat
Tesla and SpaceX CEO Elon Musk walks into the White House grounds in Washington on Feb. 13, 2025. Travis Gillmore/The Epoch Times
Zachary Stieber
Updated:
0:00

Federal workers on Feb. 23 sued the U.S. government over Elon Musk’s threatening workers with termination if they do not respond to a new, mass email instructing employees to list some tasks they’ve recently accomplished.

In an email titled “What did you do last week?” sent on Feb. 22, workers were told to reply with five bullet points listing what they accomplished over the past week.

“Failure to respond will be taken as a resignation,” Musk, who has been described as running the Department of Government Efficiency (DOGE), wrote on his social media platform X that day.
The U.S. Office of Personnel Management (OPM), which sent the missive, failed to provide notice regarding any program, rule, policy, or regulation that requires all federal workers to provide a report regarding their recent work to OPM, the American Federation of Government Employees and a number of other groups said in an updated lawsuit filed in federal court in San Francisco.

OPM also did not provide notice that employees who fail to respond to the email have submitted a resignation, the groups said.

The lack of notice means the OPM has not complied with federal law, according to the suit.

The OPM and the U.S. Department of Justice, which represents agencies in court, did not immediately return requests for comment. OPM has not responded to the suit, a version of which was first lodged on Feb. 19.

The Administrative Procedure Act allows courts to declare unlawful and set aside agency actions that are determined to have been promulgated “without observance of procedure required by law.”

The groups are asking the federal court to not only declare the email unlawful but also enjoin defendants from terminating probationary employees, which they argue is also being done by the OPM in contravention of the authority Congress bestowed to each agency head to be responsible for managing his or her own employees.

The court should impose a temporary restraining order that blocks the OPM from enforcing related directives, the groups said in another filing.

The Trump administration, which has directed Musk and DOGE to work with agencies to cut costs and improve efficiency, has already fired thousands of workers, primarily those on probationary status. That includes workers who had been with the government for less than a year.

the OPM’s buyout program also garnered about 75,000 resignations, the White House has said.

Musk said on Sunday that a number of workers have already responded to the mass email, which gave a deadline of late Monday.

“A large number of good responses have been received already,” he wrote on X. “These are the people who should be considered for promotion.”
Zachary Stieber
Zachary Stieber
Senior Reporter
Zachary Stieber is a senior reporter for The Epoch Times based in Maryland. He covers U.S. and world news. Contact Zachary at [email protected]
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