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Employment Lawyer Discusses what Trump Offer to Federal Employees to Resign Would Do
MICHEL MARTIN, HOST: Federal workers have up until February 6 to choose whether to voluntarily leave their jobs. 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 depart and be paid till completion of September. Michelle Bercovici is an employment attorney who represents federal employees as a large part of her practice, so I asked her for her interpretation about what OPM’s delayed resignation program would really mean.MICHELLE BERCOVICI: employment I in fact don’t consider it a lot an offer. I think it’s a demand to resign with a vague promise that, possibly, you might be kept in administrative leave status for up to 8 months – but no guarantees.MARTIN: Some individuals have been utilizing the term buyout to describe 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 never explain it as a buyout. I believe that’s a really deceptive term to use in this circumstance. When you believe of a buyout, there’s normally some sort of written agreement or a concrete deal to provide a benefit in exchange for waiving certain rights. That is not the case here.MARTIN: If clients ask you for your recommendations, what are you telling them?BERCOVICI: First thing we inform them is exercise extreme care. There are no warranties contained in this email. The only thing I can tell you for specific is that if you change your mind, the agency’s most likely not going to let you withdraw that resignation, and you are essentially offering up control over a lot.MARTIN: Is there some category of employee who you believe this might benefit?
Maybe they’re close to retirement. Is someone like that might this be an attractive offer?BERCOVICI: Folks near retirement require to be the most careful because leaving earlier than intended can have major repercussions, possibly, on their benefits.MARTIN: Let me simply play a clip from the White House press secretary, Karoline Leavitt.
She reporters that this is an excellent deal for people who don’t wish to go back to the office. Let me just play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is an idea to federal employees that they have to return in – to work. And if they do not, employment then they have the choice 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 a method, 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 is in bad faith, that it’s developed to get folks who work really difficult to resign. I think it’s trying to pull the wool over a lot of individuals’s eyes due to the fact that there are no assurances. And these are individuals who like their task. They enjoy the mission of the firm. They work hard. And today, they’re dealing with very difficult choices, particularly if they’re remote. I mean, it’s really coercive.MARTIN: You state it’s coercive. Because?BERCOVICI: Essentially, if you’re someone who lives in Oregon and has been told 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 difficulties just to the offer itself? And employment if so, on what grounds?BERCOVICI: This offer, employment to be honest, is so unmatched that I believe a lot of us are still attempting to determine what to do with it. I’m uncertain if the offer itself may be challengeable.
I think the bigger concern is the execution of these terms. I’m not mindful of any authority that exists right now for OPM to order companies to give this number of individuals administrative leave.
So I think it is really much potentially setting the stage for obstacles since I feel OPM has actually vastly surpassed their authority.MARTIN: That is Michelle Bercovici.
She is a work attorney 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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