A specialist has weighed into the debate as to whether President Donald Trump and Musk can axe federal workers based off an email
Staffers on the taxpayers wage bill were sent an ultimatum by Elon Musk and his new government department over the weekend, and while thousands worry for their jobs, an employment lawyer has weighed into problem.
On Saturday, February 22, the head of the Department of Government Efficiency (DOGE) took to Twitter with a bold move, sending an email to all federal workers demanding they list five tasks they accomplished the previous week — or risk losing their jobs.
When thousands of federal workers, including FBI agents, ignored the email, and even received advice from their agency to disregard it, Tesla CEO Elon Musk blasted their ‘incompetence.’ He then set a stern ultimatum: “Subject to the discretion of the President, they will be given another chance. Failure to respond a second time will result in termination,” Musk tweeted.
But should federal workers be concerned? According to R. Scott Oswald, managing principal of The Employment Law Group, there are three major issues with Musk’s demands.
“This whole situation screams of an overstep to win favor with the President,” Oswald pointed out. “The email itself has multiple issues, with the most significant being that it’s coming from the Office of Personnel Management, rather than directly from each worker’s supervisor.”
Oswald further elaborated: “Generally, federal employees, like all workers, are expected to follow lawful and clear instructions from their supervisors. However, these instructions must come from someone within the proper supervisory chain.”
He pointed out the first issue: “The email is coming from someone outside of the employee’s direct supervisory chain—unless we’re talking about those at the Office of Personnel Management.” This could mean that, for employees who missed the deadline, their jobs might still be protected.
Oswald continued, addressing the second issue: “The email may compel employees to share information that could be illegal to disclose.”
He explained that many employees have confidentiality agreements with their employer, meaning that they are legally bound to keep certain information private, potentially putting them in a difficult position if forced to respond.
Oswald further emphasized that this issue extends to various professionals, including law enforcement officers, lawyers, doctors, and nurses.
“The instruction would likely require individuals to disclose information that could breach confidentiality agreements they’ve made, often with security offices or other command chains,” he explained.
The third issue, according to Oswald, is the mixed guidance employees are receiving from different agencies.
“Some agencies are advising employees to respond, while others are saying they shouldn’t. This inconsistency means there’s no clear, unequivocal instruction,” he noted. This conflicting advice only adds to the confusion and uncertainty for federal workers.
If you’re a federal worker, hopefully this will help you sleep better!
