[E-trademarks] [EXT] Re: USPTO employees offered buyouts to retire early to avoid having to return to the office

[carla calcagno]

 How offensive is this email to Federal employees?  And how unfair to
employees who have worked remotely for over twenty years. I may not always
agree with Examiners, but they are not disloyal, and not lazy as this email
implies.

Clearly they are trying to turn the civil service into a loyalty oath for
Trump.

How inapplicable to the mission of the USPTO, and how awfully this
will affect pendency.

Terrible times

On Wed, Jan 29, 2025 at 4:49 PM Kevin Grierson via E-trademarks <
e-trademarks at oppedahl-lists.com> wrote:

> I get the impression that a lot of folks think that remote work for gov’t
> employees was caused entirely by the COVID pandemic.  They seem surprised
> when I tell them that the PTO has had a work from home program since 1997.
>
>
>
> *Kevin Grierson**​**​**​**​*
>
> |
>
> Partner
>
> <https://www.cm.law/>
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>
>
> *From:* E-trademarks <e-trademarks-bounces at oppedahl-lists.com> *On Behalf
> Of *Alex Butterman via E-trademarks
> *Sent:* Wednesday, January 29, 2025 4:23 PM
> *To:* For trademark practitioners. This is not for laypersons to seek
> legal advice. <e-trademarks at oppedahl-lists.com>
> *Cc:* Alex Butterman <abutterman at dbllawyers.com>
> *Subject:* Re: [E-trademarks] [EXT] Re: USPTO employees offered buyouts
> to retire early to avoid having to return to the office
>
>
>
> EXTERNAL EMAIL
>
> There seems to be “a lack of awareness in the new administration” of many
> things. That so far is the theme of this new administration, from what I
> see and hear. This is a factual observation, not a political opinion.
>
>
>
> *Alex Butterman*
>
> Partner
>
> *DUNLAP BENNETT & LUDWIG <https://www.dbllawyers.com/>*
>
> *211 Church St., SE; Leesburg, VA 20175*
>
> T: 703-777-7319 – *BIO*
> <https://www.dbllawyers.com/attorney/alex-butterman/>
>
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> <https://www.dbllawyers.com/empowering-innovators/>
>
> This electronic message contains information from Dunlap Bennett & Ludwig
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> recipient, any disclosure, copying, or use of the contents is prohibited.
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>
> *From:* E-trademarks <e-trademarks-bounces at oppedahl-lists.com> *On Behalf
> Of *Thilo C. Agthe via E-trademarks
> *Sent:* Wednesday, January 29, 2025 3:34 PM
> *To:* For trademark practitioners. This is not for laypersons to seek
> legal advice. <e-trademarks at oppedahl-lists.com>
> *Cc:* Thilo C. Agthe <thilo.agthe at wg-law.com>
> *Subject:* [EXT] Re: [E-trademarks] USPTO employees offered buyouts to
> retire early to avoid having to return to the office
>
>
>
> USPTO trademark examiners have been receiving the emails offering the
> “deferred resignation” option, so it is obvious that whoever originates the
> emails is not making that distinction.  This is NOT a buy-out, as I’ve seen
> it described in many places.
>
>
>
> Further, I would submit that there is a lack of awareness in the new
> administration that the USPTO had a remote work policy starting many years
> ago.
>
>
>
>
>
>
>
> WUERSCH & GERING
>
> Thilo C. Agthe, Partner
>
> Wuersch & Gering LLP | 100 Wall Street, 10th Fl. | New York, NY 10005
> 212-509-4714 (direct) | 212-509-5050 (firm)
> thilo.agthe at wg-law.com | www.wg-law.com
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> *From:* E-trademarks <e-trademarks-bounces at oppedahl-lists.com> *On Behalf
> Of *Ken Boone via E-trademarks
> *Sent:* Wednesday, January 29, 2025 3:09 PM
> *To:* For trademark practitioners. This is not for laypersons to seek
> legal advice. <e-trademarks at oppedahl-lists.com>
> *Cc:* Ken Boone <boondogles at hotmail.com>
> *Subject:* Re: [E-trademarks] USPTO employees offered buyouts to retire
> early to avoid having to return to the office
>
>
>
> *[CAUTION: EXTERNAL EMAIL]*
>
> I am hesitant to comment, as I didn't expect the offered buyouts would
> apply to the USPTO.  When I was still employed there (over 12 year ago),
> remote work was a pillar of their employment philosophy - that the USPTO
> did NOT have the office space for the entire workforce in their new (since
> 2008?) Alexandria, VA office complex.  I expected that the Trademark
> business area of the USPTO was planning to hire more employees in 2025 to
> address the huge backlog in trademark processing.  For the following
> paragraph from the OPM website, the highlighted phrase seemed significant
> - that maybe the trademark employees at the USPTO were intentionally not
> included in the offered buyouts? Who really knows?  (Congressman Kaine of
> Virginia has indicated that the president doesn't have the power to offer
> this buyout.)
>
>
>
> *Deferred resignation is available to all full-time federal employees
> except for military personnel of the armed forces, employees of the U.S.
> Postal Service, those in positions related to immigration enforcement and
> national security, and those in any other positions specifically excluded
> by your employing agency.*
>
>
>
> I copied the remainder of this posting from https://www.opm.gov/fork, as
> the content and format appeared to be preserved, at least in the draft
> version as I composed this reply.
>
>
>
> <https://www.opm.gov/fork>
>
> Fork in the Road - U.S. Office of Personnel Management
> <https://www.opm.gov/fork>
>
> 1) Return to Office: The substantial majority of federal employees who
> have been working remotely since Covid will be required to return to their
> physical offices five days a week. Going forward, we also expect our
> physical offices to undergo meaningful consolidation and divestitures,
> potentially resulting in physical office relocations for a number of
> federal workers.
>
> www.opm.gov
>
> *Fork in the Road*
>
> Frequently Asked Questions <https://www.opm.gov/fork/faq>
>
> Below is the email that was sent to federal employees on January 28, 2025
> presenting a deferred resignation offer. If you did not respond to that
> email and wish to accept the deferred resignation offer, you may do so by
> following these steps.
>
> 1)
>
> Send an email to hr at opm.gov from your government account. Only an email
> from your .gov or .mil account will be accepted.
>
> 2)
>
> Type the word "*Resign*" into the "Subject" line of the email. Hit "Send".
>
> *Deferred Resignation Email to Federal Employees*
>
> *January 28, 2025*
>
>
> During the first week of his administration, President Trump issued a
> number of directives concerning the federal workforce. Among those
> directives, the President required that employees return to in-person work,
> restored accountability for employees who have policy-making authority,
> restored accountability for senior career executives, and reformed the
> federal hiring process to focus on merit. As a result of the above orders,
> the reform of the federal workforce will be significant.
>
> The reformed federal workforce will be built around *four pillars*:
>
> 1)
>
> *Return to Office:* The substantial majority of federal employees who
> have been working remotely since Covid will be required to return to their
> physical offices five days a week. Going forward, we also expect our
> physical offices to undergo meaningful consolidation and divestitures,
> potentially resulting in physical office relocations for a number of
> federal workers.
>
> 2)
>
> *Performance culture:* The federal workforce should be comprised of the
> best America has to offer. We will insist on excellence at every level —
> our performance standards will be updated to reward and promote those that
> exceed expectations and address in a fair and open way those who do not
> meet the high standards which the taxpayers of this country have a right to
> demand.
>
> 3)
>
> *More streamlined and flexible workforce:* While a few agencies and even
> branches of the military are likely to see increases in the size of their
> workforce, the majority of federal agencies are likely to be downsized
> through restructurings, realignments, and reductions in force. These
> actions are likely to include the use of furloughs and the reclassification
> to at-will status for a substantial number of federal employees.
>
> 4)
>
> *Enhanced standards of conduct:* The federal workforce should be
> comprised of employees who are reliable, loyal, trustworthy, and who strive
> for excellence in their daily work. Employees will be subject to enhanced
> standards of suitability and conduct as we move forward. Employees who
> engage in unlawful behavior or other misconduct will be prioritized for
> appropriate investigation and discipline, including termination.
>
>
> Each of the pillars outlined above will be pursued in accordance with
> applicable law, consistent with your agency's policies, and to the extent
> permitted under relevant collective-bargaining agreements.
>
> If you choose to remain in your current position, we thank you for your
> renewed focus on serving the American people to the best of your abilities
> and look forward to working together as part of an improved federal
> workforce. At this time, we cannot give you full assurance regarding the
> certainty of your position or agency but should your position be eliminated
> you will be treated with dignity and will be afforded the protections in
> place for such positions.
>
> If you choose not to continue in your current role in the federal
> workforce, we thank you for your service to your country and you will be
> provided with a dignified, fair departure from the federal government
> utilizing a deferred resignation program. This program begins effective
> January 28 and is available to all federal employees until February 6. If
> you resign under this program, you will retain all pay and benefits
> regardless of your daily workload and will be exempted from all applicable
> in-person work requirements until September 30, 2025 (or earlier if you
> choose to accelerate your resignation for any reason). The details of this
> separation plan can be found below.
>
> Whichever path you choose, we thank you for your service to The United
> States of America.
>
> *********************************************************************
>
>
> Upon review of the below deferred resignation letter, if you wish to
> resign:
>
> 1)
>
> Select “Reply” to this email. You must reply from your government account.
> A reply from an account other than your .gov or .mil account will not be
> accepted.
>
> 2)
>
> Type the word *“Resign”* into the body of this reply email. Hit “Send”.
>
>
>
> *THE LAST DAY TO ACCEPT THE DEFERRED RESIGNATION PROGRAM IS FEBRUARY 6,
> 2025.*
>
> Deferred resignation is available to all full-time federal employees
> except for military personnel of the armed forces, employees of the U.S.
> Postal Service, those in positions related to immigration enforcement and
> national security, and those in any other positions specifically excluded
> by your employing agency.
>
> *********************************************************************
>
> DEFERRED RESIGNATION LETTER
> January 28, 2025
>
> Please accept this letter as my formal resignation from employment with my
> employing agency, effective September 30, 2025. I understand that I have
> the right to accelerate, but not extend, my resignation date if I wish to
> take advantage of the deferred resignation program. I also understand that
> if I am (or become) eligible for early or normal retirement before my
> resignation date, that I retain the right to elect early or normal
> retirement (once eligible) at any point prior to my resignation date.
>
> Given my impending resignation, I understand I will be exempt from any
> “Return to Office” requirements pursuant to recent directives and that I
> will maintain my current compensation and retain all existing benefits
> (including but not limited to retirement accruals) until my final
> resignation date.
>
> I am certain of my decision to resign and my choice to resign is fully
> voluntary. I understand my employing agency will likely make adjustments in
> response to my resignation including moving, eliminating, consolidating,
> reassigning my position and tasks, reducing my official duties, and/or
> placing me on paid administrative leave until my resignation date.
>
> I am committed to ensuring a smooth transition during my remaining time at
> my employing agency. Accordingly, I will assist my employing agency with
> completing reasonable and customary tasks and processes to facilitate my
> departure.
>
> I understand that my acceptance of this offer will be sent to the Office
> of Personnel Management (“OPM”) which will then share it with my agency
> employer. I hereby consent to OPM receiving, reviewing, and forwarding my
> acceptance.
>
> Upon submission of your resignation, you will receive a confirmation email
> acknowledging receipt of your email. Any replies to this email shall be for
> the exclusive use of accepting the deferred resignation letter. Any other
> replies to this email will not be reviewed, forwarded, or retained other
> than as required by applicable federal records laws.
>
> Once your resignation is validly sent and received, the human resources
> department of your employing agency will contact you to complete additional
> documentation, if any.
>
> OPM is authorized to send this email under Executive Order 9830 and 5
> U.S.C. §§ 301, 1103, 1104, 2951, 3301, 6504, 8347, and 8461. OPM intends to
> use your response to assist in federal workforce reorganization efforts in
> conjunction with employing agencies. See 88 Fed. Reg. 56058; 80 Fed. Reg.
> 72455 (listing routine uses). Response to this email is voluntary. Although
> you must respond to take advantage of the deferred resignation offer, there
> is no penalty for nonresponse.
>
>    - *About OPM <https://www.opm.gov/about-us/>*
>    - *FOIA
>    <https://www.opm.gov/information-management/freedom-of-information-act/>*
>
>
>
> __________________________________________
>
>
>
>
>
> Ken Boone
> ------------------------------
>
> *From:* E-trademarks <e-trademarks-bounces at oppedahl-lists.com> on behalf
> of Carl Oppedahl via E-trademarks <e-trademarks at oppedahl-lists.com>
> *Sent:* Wednesday, January 29, 2025 12:51 AM
> *To:* for trademark practitioners <e-trademarks at oppedahl-lists.com>
> *Cc:* Carl Oppedahl <carl at oppedahl.com>
> *Subject:* [E-trademarks] USPTO employees offered buyouts to retire early
> to avoid having to return to the office
>
>
>
> See blog article
> <https://blog.oppedahl.com/uspto-employees-offered-buyouts-to-retire-early-to-avoid-having-to-return-to-the-office/>
> .
> --
> E-trademarks mailing list
> E-trademarks at oppedahl-lists.com
> http://oppedahl-lists.com/mailman/listinfo/e-trademarks_oppedahl-lists.com
>
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