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

MICHEL MARTIN, HOST: Federal staff members have up until February 6 to choose whether to willingly leave their tasks. The U.S. Office of Personnel Management, employment 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 permitted to take leave and be paid up until the end of September. Michelle Bercovici is a work legal representative who represents federal staff members as a large part of her practice, employment so I asked her for her analysis about what OPM’s postponed resignation program would really mean.MICHELLE BERCOVICI: I actually don’t consider it so much an offer. I think it’s a demand to resign with a vague promise that, potentially, you might be kept in administrative leave status for as much as eight months – however no guarantees.MARTIN: Some individuals have actually been using the term buyout to describe what this is due to the fact that there appears to be the deal of administrative leave for approximately 8 months if you take this offer. So is it a buyout?BERCOVICI: I would never explain it as a buyout. I believe that’s a very misleading term to utilize in this situation. When you think of a buyout, there’s typically some sort of composed agreement or a concrete offer to offer a benefit in exchange for waiving certain rights. That is not the case here.MARTIN: If clients ask you for your guidance, what are you informing them?BERCOVICI: First thing we tell them is exercise severe caution. There are no guarantees consisted of in this e-mail. The only thing I can tell you for specific is that if you alter your mind, the agency’s most likely not going to let you withdraw that resignation, and you are essentially providing up control over a lot.MARTIN: Is there some category of staff member who you think this might benefit? Maybe they’re close to retirement. Is someone like that might this be an attractive offer?BERCOVICI: Folks near retirement need to be the most mindful because leaving earlier than intended can have serious consequences, possibly, employment on their benefits.MARTIN: Let me simply play a clip from the White House press secretary, Karoline Leavitt. She told press reporters that this is a great offer for individuals who do not want to go back to the workplace. Let me just play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: employment This is a tip to federal workers that they have to return in – to work. And if they do not, then they have the alternative to resign, and this administration is extremely kindly using to pay them for eight months.MARTIN: You’re shaking your head no.BERCOVICI: It simply – in a method, it breaks my heart that federal employees are being jerked around like this. It sends a signal to me that this return-to-office order remains in bad faith, that it’s developed to get folks who work actually difficult to resign. I think it’s trying to pull the wool over a lot of people’s eyes because there are no assurances. And these are individuals who enjoy their task. They like the mission of the company. They work hard. And right now, they’re dealing with extremely hard options, particularly if they’re remote. I suggest, it’s very coercive.MARTIN: You state it’s coercive. Because?BERCOVICI: Essentially, if you’re someone who resides in Oregon and has been to report to D.C. otherwise we’re going to fire you, they might feel that they have no option than to take this option.MARTIN: Do you prepare for legal difficulties simply to the offer itself? And if so, on what grounds?BERCOVICI: This deal, to be sincere, is so unmatched that I think a lot of us are still attempting to determine what to do with it. I’m not exactly sure if the offer itself might be challengeable. I think the bigger question is the execution of these terms. I’m not knowledgeable about any authority that exists right now for OPM to purchase firms to provide this variety of people administrative leave. So I believe it is really much perhaps setting the stage for difficulties due to the fact that I feel OPM has actually vastly exceeded their authority.MARTIN: That is Michelle Bercovici. She is an employment lawyer with the Alden Law Group here in Washington, D.C. Thank you a lot for signing up with us.BERCOVICI: Thank you so much for having me here.

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