Federal workers sue over "what did you do last week" email
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Illustration: Aïda Amer/Axios
The federal agency that sent out an email over the weekend asking workers what they accomplished last week can't fire those workers for not responding, claims an amended lawsuit filed Monday on behalf of federal employees.
Why it matters: It's the latest potential legal stumbling block for DOGE and Elon Musk's slash-and-burn workforce strategy.
Catch up fast: Over the weekend, at President Trump's prodding to be more aggressive, Musk announced that workers would get an email asking what they'd done in the past week. "Failure to respond will be taken as a resignation," he said.
- The email went out on Saturday to millions of workers — subject line "What did you do last week"? — causing confusion and an array of responses inside federal agencies, with many telling employees not to respond.
- Crucially, the email did not threaten workers with termination.
Where it stands: On Monday afternoon, President Trump appeared to back Musk's threat — if employees don't respond to that email, "you're sort of semi-fired or you're fired," he said, answering reporter questions during an event with French President Emanuel Macron.
- "A lot of people are not answering because they don't even exist."
Reality check: Musk and the White House have provided no evidence to back up that claim.
Zoom in: The Monday lawsuit amends an earlier complaint filed by a coalition of unions, including the AFL-CIO and American Federation of Government Employees.
- It challenges the legality of mass firings of probationary workers — those that have been employed in their current roles for only a short time. Tens of thousands of such workers have been terminated, per the suit.
- Only federal agencies have the ability to hire and fire their workers, the lawsuit says.
The Office of Personnel Management, the federal government's HR office, which sent out the email over the weekend, does not have that authority, the suit alleges.
- "In creating OPM and delegating duties to its Director, Congress did not authorize OPM or its Director to order the termination of employees at any other federal agency."
The intrigue: Several federal agencies have told their workers not to respond to the email request.
- If their agency does require a response, workers have until 11:59 pm Monday to do so.
- After that, it's up to federal agencies to decide next steps, a White House official told Axios Monday afternoon — before President Trump's "semi-firing" comment.
What to watch: Also on Monday, an independent federal oversight agency said that some of the administration's mass firings of probationary workers were unlawful, per a report in Government Executive.
The bottom line: It's a confusing time to work for the federal government.
Editor's Note: This story has been updated with additional reporting on the firings of probationary workers.
