Employment Lawyer Discusses what Trump Offer to Federal Employees to Resign Would Do

MICHEL MARTIN, HOST: Federal workers have until February 6 to decide whether to voluntarily leave their tasks. The U.S. Office of Personnel Management, OPM, informed workers on Tuesday that if they hand in their resignation by next Thursday – that’s less than a week from now – most will be enabled to take leave and be paid until completion of September. Michelle Bercovici is a work legal representative who represents federal employees as a big part of her practice, so I asked her for her interpretation about what OPM’s delayed resignation program would really mean.MICHELLE BERCOVICI: I actually do not consider it a lot a deal. I believe it’s a demand to resign with a vague guarantee that, potentially, you could be kept in administrative leave status for approximately eight months – however no guarantees.MARTIN: Some individuals have been utilizing the term buyout to describe what this is due to the fact that there appears to be the offer of administrative leave for up to eight months if you take this deal. So is it a buyout?BERCOVICI: I would never explain it as a buyout. I believe that’s an extremely deceptive term to utilize in this situation. When you consider a buyout, there’s generally some sort of composed arrangement or a concrete deal to provide an advantage in exchange for waiving certain rights. That is not the case here.MARTIN: If customers ask you for your advice, what are you informing them?BERCOVICI: First thing we tell them is workout extreme care. There are no assurances contained in this email. The only thing I can inform you for particular is that if you change your mind, employment the firm’s most likely not going to let you withdraw that resignation, and you are basically quiting control over a lot.MARTIN: Exists some classification of staff member who you think this might benefit? Maybe they’re close to retirement. Is someone like that may this be an attractive offer?BERCOVICI: employment Folks near retirement need to be the most cautious because leaving earlier than meant can have serious consequences, possibly, on their benefits.MARTIN: Let me simply play a clip from the White House press secretary, Karoline Leavitt. She told reporters that this is a bargain for individuals who do not desire to return to the office. Let me simply play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is an idea to federal workers that they need to return in – to work. And if they don’t, then they have the option to resign, and this administration is really generously providing to pay them for 8 months.MARTIN: You’re shaking your head no.BERCOVICI: It simply – in a way, it breaks my heart that federal employees are being jerked around like this. It sends out a signal to me that this return-to-office order is in bad faith, that it’s designed to get folks who work really tough to resign. I believe it’s trying to pull the wool over a great deal of people’s eyes because there are no warranties. And these are individuals who enjoy their job. They enjoy the objective of the company. They strive. And right now, they’re facing very difficult options, particularly if they’re remote. I suggest, it’s extremely coercive.MARTIN: You say it’s coercive. Because?BERCOVICI: Essentially, if you’re somebody who resides in Oregon and has been informed to report to D.C. or else we’re going to fire you, they might feel that they have no choice than to take this option.MARTIN: Do you expect legal challenges just to the offer itself? And if so, on what grounds?BERCOVICI: This offer, to be sincere, is so extraordinary that I think a lot of us are still trying to determine what to do with it. I’m unsure if the deal itself may be challengeable. I believe the larger question is the execution of these terms. I’m not conscious of any authority that exists right now for OPM to purchase companies to provide this number of individuals administrative leave. So I believe it is very much potentially setting the phase for obstacles due to the fact that I feel OPM has actually vastly surpassed their authority.MARTIN: That is . She is an employment lawyer with the Alden Law Group here in Washington, D.C. Thank you a lot for joining us.BERCOVICI: Thank you so much for having me here.

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