Several major recent developments occurred regarding the Office of Personnel Management (OPM)’s ‘what did you do last week” e-mail, sent at the behest of Elon Musk, previously analyzed in this blog.
First, according to press reports, OPM on February 24, 2025 had notified agencies’ human capital offices that the reporting requirement in the “what did you do last week” e-mail was voluntary, and that employees would not be deemed to have resigned for failure to timely respond to the e-mail. This update followed an amendment filed in a pending lawsuit by federal sector unions to challenge OPM’s e-mail.
Second, Mr. Musk appeared to renew his threat in social media, stating “Subject to the discretion of the President, they will be given another chance. Failure to respond a second time will result in termination.” As of the publication of this blog entry, no subsequent OPM e-mail has yet been issued.
Finally, OPM also issued a guidance memorandum concerning its e-mail. OPM directed agencies to review the responses received. OPM excused “Employees on approved leave on February 24, or who lacked access to email” from the deadline. Agencies were given further discretion to exclude employees from the reporting requirement but were required to notify OPM of the employees excluded and the reasons for doing so. OPM clarified that agency leadership at the employing agencies have discretion on what actions (if any) to take against employees who failed to respond to the e-mail, which would indicate that the agencies are not required to terminate employees who did not respond to OPM’s e-mail if they chose not to, despite Mr. Musk’s comments on social media. OPM noted that all staff at the Executive Office of the President were also exempted from responding to OPM’s e-mail.
As the situation is potentially still fluid, employees should continue to monitor the situation for possible further changes or updates.
If you are a federal employee seeking advice concerning this OPM e-mail, and wish to learn more about your right and how they apply to this situation, consider contacting Gilbert Employment Law to request an initial consultation.