(NewsNation) — Federal workers have filed a lawsuit against tech billionaire and Trump administration official Elon Musk, with attorneys alleging in a lawsuit Monday that Musk violated the law with his latest demand.
On Sunday, Musk reiterated the need for federal government employees to explain their weekly tasks as he and the Department of Government Efficiency look to scale back operations.
Musk said Monday night that federal employees will be given another opportunity to respond to the Office of Personnel Management email, but failure to do so a second time “will result in termination.”
“Subject to the discretion of the President, they will be given another chance. Failure to respond a second time will result in termination,” Musk posted on X.
The comment follows confusion among federal employees, particularly at the Department of Health and Human Services, after OPM initially required responses to an email titled “What did you do last week?” before later rescinding the mandate.
The lawsuit, filed in federal court in California, seeks to block mass layoffs pursued by Musk and President Donald Trump, including any connected to an email distributed by the Office of Personnel Management on Saturday.
“No OPM rule, regulation, policy, or program has ever, in United States history, purported to require all federal workers to submit reports to OPM,” the complaint read via The Associated Press.
It called the threat of mass firings “one of the most massive employment frauds in the history of this country.”
After the lawsuit was filed, Musk wrote on X: “The public votes overwhelmingly in favor,” referencing an X poll he had conducted on Sunday asking X users if all federal employees should be required to outlet their accomplishments last week. More than 70% of the 1.2 million voters said “yes” and just under 30% voted “no.”
What did Elon Musk do?
Musk announced Saturday that civil servants will be asked to send an email explaining what they accomplished last week. Those who don’t comply could be fired, he said.
The message told federal employees to “please reply to this email with approx. 5 bullet points of what you accomplished last week,” copying their manager, by 11:59 p.m. EST Monday.
Musk, who was hand-picked by President Donald Trump to examine and cut federal spending, explained on social media Sunday why he believes the ultimatum is necessary.
“The reason this matters is that a significant number of people who are supposed to be working for the government are doing so little work that they are not checking their email at all!” he said.
“In some cases, we believe non-existent people or the identities of dead people are being used to collect paychecks. In other words, there is outright fraud.”
A growing list of agencies, including the Pentagon, FBI, State Department and Intelligence Community, on Sunday had told their employees to hold off.
A source told NewsNation that nonpolitical appointees at one agency were instructed by White House liaisons not to respond.
Trump’s response to Elon’s ultimatum
Speaking to reporters on Monday afternoon, the president addressed the situation, backing Musk’s initiative.
“We have people who don’t show up to work and nobody even knows if they work for the government so by asking the question ‘tell us what you did this week,’ what [Elon’s] doing is saying are you actually working? If you don’t answer, you’re fired,” Trump said.
President Trump added only agencies that handle very confidential matters have instructed their employees not to respond to the DOGE email—and most other employees will be expected to comply. “it’s massively popular what we’re doing.”
Kash Patel tells FBI employees to pause any responses to DOGE email
Newly appointed FBI Director Kash Patel sent a message to the FBI workforce on Saturday night instructing them not to reply to the email.
In a memo obtained by NewsNation, Patel said the bureau would handle future responses to inquiries from the Office of Personnel Management.
“FBI personnel may have received an email from OPM requesting information,” Patel wrote in his message. “The FBI, through the Office of the Director, is in charge of all of our review processes, and will conduct reviews in accordance with FBI procedures.”
“When and if further information is required, we will coordinate the responses,” Patel continued. “For now, please pause any responses.”
Department of Defense tells employees to pause responses
The Department of Defense shared a message to its employees on X and said the department itself is responsible for reviewing employee performance.
“When and if required, the Department will coordinate responses to the email you have received from OPM. For now, please pause any response to the OPM email titled ‘What did you do last week,’” Darin Selnick, undersecretary for personnel and readiness at the Defense Department, said in a statement.
State Department says employees aren’t obligated to respond
NBC News reported the State Department also instructed its employees not to respond.
“The State Department will respond on behalf of the Department. No employee is obligated to report their activities outside of their Department chain of command,” read a notice from Tibor Nagy, acting undersecretary for management at the State Department.
Tulsi Gabbard says National Intelligence employees shouldn’t respond
The New York Times reported that National Intelligence Director Tulsi Gabbard sent similar guidance to employees of agencies she oversees in the Intelligence Community.
“Given the inherently sensitive and classified nature of our work, I.C. employees should not respond to the OPM email,” Gabbard reportedly wrote.
National Treasury Employees Union employees advised not to respond
A screenshot posted online shows an email the National Treasury Employees Union sent to its members saying employees were “strongly” advised not to respond to the request.
“We are concerned about the implications of this request and are actively working to protect your rights and interests,” the union said in a statement.
DHS says it will handle responding to OPM
The Department of Homeland Security has informed its employees that it will respond directly to the request, requiring no action from individual offices or staff.
An internal email sent Sunday said DHS management would handle the response on behalf of the entire department and its component agencies.
“No reporting action from you is needed at this time,” wrote R.D. Alles, deputy undersecretary for management, instructing employees to refrain from responding outside their DHS chain of command.
The directive was also sent to federal air marshals, according to a member of the National Council.
Department of Health and Human Services backtracks, tells employees to ‘pause’
The Department of Health and Human Services notified employees Monday evening that responding to the email is no longer mandatory, according to an internal email obtained by NewsNation.
“There is no HHS expectation that HHS employees respond to OPM, and there is no impact to your employment with the agency if you choose not to respond,” the message, sent at 4:54 p.m. ET, stated.
However, the email also provided guidelines for those who still wished to reply, adding to confusion among workers. A source told NewsNation that employees remain uncertain about how to proceed.
The department issued two conflicting emails to employees Sunday, according to a source who shared the messages with NewsNation.
The first email, sent in the morning, confirmed that employees should respond to the “What did you do last week?” email. However, a second email sent in the evening reversed course, instructing employees to “pause” answering the request, with further guidance expected around noon Tuesday.
Another message to National Institutes of Health employees urged employees to hold off.
NewsNation partner The Hill and the Associated Press contributed to this report.