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

MICHEL MARTIN, HOST: Federal staff members have till February 6 to decide whether to willingly leave their tasks. The U.S. Office of Personnel Management, OPM, informed employees on Tuesday that if they hand in their resignation by next Thursday – that’s less than a week from now – most will be allowed to depart and be paid until completion of September. Michelle Bercovici is an employment attorney who represents federal staff members as a big part of her practice, so I asked her for her interpretation about what OPM’s delayed resignation program would actually mean.MICHELLE BERCOVICI: I actually don’t consider it so much an offer. I believe it’s a demand to resign with a vague guarantee that, potentially, you might be kept in administrative leave status for up to eight months – however no guarantees.MARTIN: Some people have been utilizing the term buyout to explain what this is since there appears to be the deal of administrative leave for as much as eight months if you take this deal. So is it a buyout?BERCOVICI: I would definitely not explain it as a buyout. I believe that’s a very deceptive term to utilize in this circumstance. When you consider a buyout, there’s usually some sort of written contract or a concrete deal to supply a benefit in exchange for waiving specific rights. That is not the case here.MARTIN: If customers ask you for your guidance, what are you telling them?BERCOVICI: First thing we inform them is exercise severe care. There are no assurances consisted of in this email. The only thing I can inform you for certain is that if you alter your mind, the firm’s most likely not going to let you withdraw that resignation, and you are essentially quiting control over a lot.MARTIN: Exists some category of worker who you believe this might benefit? Maybe they’re close to retirement. Is somebody like that may this be an appealing offer?BERCOVICI: Folks near retirement require to be the most cautious since leaving earlier than intended can have major employment repercussions, possibly, on their benefits.MARTIN: Let me just play a clip from the White House press secretary, Karoline Leavitt. She informed reporters that this is a bargain for individuals who don’t wish to return to the workplace. Let me simply play it.( OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a recommendation to federal employees that they have to return in – to work. And if they don’t, then they have the alternative to resign, and this administration is very generously using to pay them for eight months.MARTIN: You’re shaking your head no.BERCOVICI: It just – in such a way, it breaks my heart that federal workers 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 created to get folks who work truly tough to resign. I think it’s attempting to pull the wool over a great deal of people’s eyes because there are no assurances. And these are individuals who love their task. They like the mission of the firm. They work hard. And right now, they’re facing very difficult options, especially if they’re remote. I imply, it’s very coercive.MARTIN: You say it’s coercive. Because?BERCOVICI: Essentially, if you’re somebody who lives 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 option than to take this option.MARTIN: Do you anticipate legal challenges just to the offer itself? And if so, on what grounds?BERCOVICI: This offer, to be sincere, employment is so extraordinary that I think a lot of us are still attempting to find out what to do with it. I’m unsure if the deal itself may be challengeable. I think the larger question is the execution of these terms. I’m not knowledgeable about any authority that exists right now for OPM to purchase agencies to give this number of people administrative leave. So I think it is extremely much potentially setting the stage for challenges since I feel OPM has significantly exceeded their authority.MARTIN: employment That is Michelle Bercovici. She is a work legal representative with the Alden Law Group here in Washington, D.C. Thank you so much for joining us.BERCOVICI: Thank you so much for having me here.

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