CHICAGO - Today, Governor JB Pritzker released the following statement concerning the federal government’s “deferred resignation” offer for federal workers in Illinois:

“Donald Trump and his special government employee Elon Musk are unleashing an assault on the fabric of our government and the working families who rely upon and need our democracy to deliver for them. Elon’s secret servants are asking millions of federal employees to give up their legal rights, agree to a vague severance, and just hope for the best – it’s insulting to workers. I urge federal employees who live or work in Illinois to proceed with caution before taking an offer that requires them to waive their legal rights. We can make government more efficient for the taxpayers without misleading and mistreating workers. In Illinois, we will do all we can to protect worker rights.”

The federal government is the second largest single employer in Illinois, behind the State of Illinois. Illinois is also the second largest employer of federal workers in the Midwestern region. There are approximately 81,300 federal employees working in Illinois, of which roughly 42,000 are potentially impacted and do not fall under the protective services exemption from the deferred resignation offer.

The Illinois Department of Employment Security (IDES) and the Illinois Department of Labor (IDOL) issued public information outlining Illinois employment law and the state’s insurance benefits process, in case federal workers face delayed or missing payment. See important toplines summarizing the fact sheet below.

Illinois Employment Law and Wages:

• All employees generally have a right to be paid promised wages for all hours they work under the federal Fair Labor Standards Act (FLSA) and Illinois wage laws.
• It is unclear whether the federal government’s statements about “deferred resignation” are a legally enforceable promise. There are also individual considerations for different federal employees, including whether they are covered by an applicable collective bargaining agreement. Additionally, State and Federal Employees are exempt from the Illinois Wage Payment and Collection Act (IWPCA), 820 ILCS 115/1, which governs the payments of promised wages to employees.
• Employees are generally protected against retaliation and adverse action for disclosing a violation of state or federal laws, rules, or regulation, or for attempting to exercise their rights through a complaint to a government agency or in court.

Unemployment Insurance

If the federal government fails to follow through on compensation for workers who accept the offer, those workers could apply for unemployment insurance benefits.

• How to apply:
  • Individuals can apply for unemployment insurance benefits online at https://ides.illinois.gov, or through IDES’ call center and in-person offices.
  • You will need to provide your Form SF-8 (provided by your HR) or your SF-50.
  • Be prepared with proof ofidentification, your SSN, and wage information from the past 18 months (in the form of a W-2 or paycheck stubs).
• Eligibility to apply:
  • If you decline the deferred resignation and your Job is downsized or otherwise no longer available, you may be eligible for unemployment benefits.
  • To qualify:
    • You must be unemployed.
    • If you resign or quit your job, the reason you left must be considered good cause and attributable to your employer.
    • You must be available for work each week or benefits may be denied.
    • You must be registered for employment service (i.e. actively searching for work).

Legal Resources and Additional Guidance Documents

Additional resources are linked below:

• National Employment Lawyers Association: Find-a-Lawyer
• Illinois State Bar Association: Illinois Lawyer Finder and Online Phone Referral System
• Chicago Bar Association: Lawyer Referral Service (covers Cook County and surrounding suburbs)
• American Federation of Government Employees Frequently Asked Questions document
• National Federation of Federal Employees Frequently Asked Questions document

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