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

MICHEL MARTIN, HOST: Federal employees have till February 6 to decide whether to willingly leave their jobs. 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 allowed to take leave and be paid till the end of September. Michelle Bercovici is an employment legal representative who represents federal employees as a large part of her practice, so I asked her for her analysis about what OPM’s postponed resignation program would really mean.MICHELLE BERCOVICI: I actually do not consider it so much a deal. I believe it’s a request to resign with a vague promise that, possibly, you could be kept in administrative leave status for up to eight months – but no guarantees.MARTIN: Some individuals have been utilizing the term buyout to describe what this is because there seems to be the deal of administrative leave for up to 8 months if you take this offer. So is it a buyout?BERCOVICI: I would definitely not explain it as a buyout. I believe that’s a really deceptive term to utilize in this circumstance. When you think of a buyout, there’s usually some sort of composed arrangement or a concrete offer to supply an advantage in exchange for waiving particular rights. That is not the case here.MARTIN: If customers ask you for your recommendations, what are you informing them?BERCOVICI: First thing we inform them is exercise severe 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, the firm’s probably not going to let you withdraw that resignation, and you are essentially quiting 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 somebody like that may this be an appealing offer?BERCOVICI: Folks near retirement need to be the most careful due to the fact that leaving earlier than planned can have serious consequences, potentially, 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 bargain for individuals who do not want to go back to the workplace. Let me simply play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a recommendation to federal workers that they need to return in – to work. And if they do not, then they have the option to resign, and this administration is really kindly providing 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 employees are being jerked around like this. It sends out a signal to me that this return-to-office order remains in bad faith, that it’s created to get folks who work actually tough to resign. I think it’s attempting to pull the wool over a lot of people’s eyes since there are no warranties. And these are people who enjoy their job. They love the mission of the firm. They work hard. And today, they’re dealing with really difficult choices, specifically if they’re remote. I mean, it’s very coercive.MARTIN: You say it’s coercive. Because?BERCOVICI: Essentially, if you’re someone who lives in Oregon and has been told 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 expect legal difficulties just to the offer itself? And if so, on what grounds?BERCOVICI: This offer, to be honest, is so extraordinary that I believe a lot of us are still attempting to figure out what to do with it. I’m not exactly sure if the offer itself might be challengeable. I think the larger question is the execution of these terms. I’m not aware of any authority that exists right now for OPM to buy agencies to provide this variety of leave. So I think it is quite possibly setting the stage for difficulties because I feel OPM has vastly surpassed their authority.MARTIN: That is Michelle Bercovici. She is an employment attorney with the Alden Law Group here in Washington, D.C. Thank you so much for signing up with us.BERCOVICI: Thank you a lot for referall.us having me here.

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