Legal Action

American Federation of Government Employees, AFL-CIO v. Kupor

Filed in: U.S. District Court for the District of Massachusetts

Summary

A coalition of government employee unions have filed suit against the Trump-Vance administration challenging the Office of Personnel Management (OPM) federal employee buyout. On January 28, 2025, OPM issued a directive titled “Fork in the Road,” instructing nearly all federal employees to either resign from their position and receive their wages until September 30, 2025, or stay and risk being terminated without compensation. The plaintiffs alleged that this directive seeks to replace non-partisan career civil servants with partisans of the Trump-Vance administration. The plaintiffs argued that this directive violates the Administrative Procedures Act and seek declaratory and injunctive relief.

On Sept. 24, 2025, the district court entered an order dismissing this case. On Oct. 7, 2025, plaintiffs filed an appeal in circuit court, where resolution is still pending.

Learn More About the Case

Plaintiffs

  • American Federation of Government Employees (AFGE)
  • American Federation of State, County and Municipal Employees (AFSCME)
  • National Association of Government Employees (NAGE)

Plaintiffs' Counsel

  • Murphy Anderson PLLC
  • Democracy Forward Foundation
  • American Federation of State, County and Municipal Employees (AFSCME)
  • American Federation of Government Employees (AFGE)
  • National Association of Government Employees (NAGE)
  • Keker, Van Nest & Peters LLP

Defendants

  • Acting Director Charles Ezell
  • Office of Personnel Management
  • Director Scott Kupor