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

MICHEL MARTIN, HOST: Federal employees have up until February 6 to choose whether to voluntarily 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 permitted to depart and be paid till the end of September. Michelle Bercovici is an employment lawyer who represents federal employees as a big part of her practice, so I asked her for her analysis about what OPM’s postponed resignation program would in fact mean.MICHELLE BERCOVICI: I actually do not consider it a lot a deal. I think it’s a demand to resign with an unclear pledge that, possibly, you might be kept in administrative leave status for approximately 8 months – however no guarantees.MARTIN: Some individuals have been utilizing the term buyout to explain what this is due to the fact that there seems to be the offer of administrative leave for up to 8 months if you take this deal. So is it a buyout?BERCOVICI: I would never describe it as a buyout. I think that’s an extremely misleading term to utilize in this situation. When you think about a buyout, there’s generally some sort of written arrangement or a concrete deal to supply a benefit in exchange for waiving specific rights. That is not the case here.MARTIN: If clients ask you for your recommendations, what are you telling them?BERCOVICI: First thing we tell them is exercise severe caution. There are no assurances included in this email. The only thing I can inform you for certain is that if you change your mind, the company’s probably not going to let you withdraw that resignation, and you are essentially providing up control over a lot.MARTIN: employment Exists some category of worker who you believe this might benefit? Maybe they’re close to retirement. Is somebody like that might this be an appealing offer?BERCOVICI: Folks near retirement need to be the most careful due to the fact that leaving earlier than meant can have severe repercussions, 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 good deal for people who don’t wish to return to the workplace. Let me just play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: employment This is an idea to federal employees that they have to return in – to work. And if they do not, then they have the alternative to resign, employment and this administration is very generously providing to pay them for eight months.MARTIN: You’re your head no.BERCOVICI: employment It just – in such a way, it breaks my heart that federal staff members 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 actually difficult to resign. I think it’s trying to pull the wool over a great deal of individuals’s eyes since there are no assurances. And these are people who like their task. They enjoy the objective of the company. They work hard. And right now, they’re dealing with really difficult options, especially if they’re remote. I mean, it’s extremely coercive.MARTIN: You say it’s coercive. Because?BERCOVICI: employment Essentially, if you’re someone 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 difficulties just to the offer itself? And if so, on what grounds?BERCOVICI: This deal, to be truthful, is so unmatched that I think a great deal of us are still trying to figure out what to do with it. I’m not sure if the offer itself might be challengeable. I think the bigger question is the execution of these terms. I’m not mindful of any authority that exists today for OPM to buy firms to give this number of individuals administrative leave. So I believe it is quite perhaps setting the phase for challenges because I feel OPM has actually vastly exceeded their authority.MARTIN: That is Michelle Bercovici. She is a work 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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