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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 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 depart and be paid until completion of September. Michelle Bercovici is a work attorney who represents federal workers 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 in fact don’t consider it a lot an offer. I believe it’s a demand to resign with a vague guarantee that, potentially, you could be kept in administrative leave status for approximately 8 months – however no guarantees.MARTIN: Some people have been utilizing the term buyout to describe what this is since there seems to be the offer of for as much as eight months if you take this offer. So is it a buyout?BERCOVICI: I would never describe 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 generally some sort of written arrangement or a concrete deal to offer an advantage in exchange for waiving particular rights. That is not the case here.MARTIN: If customers ask you for your guidance, what are you informing them?BERCOVICI: First thing we inform them is exercise severe care. There are no warranties consisted of in this e-mail. The only thing I can tell you for certain is that if you alter your mind, the firm’s probably not going to let you withdraw that resignation, and you are basically giving 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 somebody like that might this be an appealing offer?BERCOVICI: Folks near retirement need to be the most cautious due to the fact that leaving earlier than meant can have serious repercussions, possibly, 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 good offer for individuals who don’t wish to return to the office. Let me just play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a suggestion 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 8 months.MARTIN: You’re shaking your head no.BERCOVICI: It just – in a manner, 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 created to get folks who work really difficult to resign. I believe it’s attempting to pull the wool over a great deal of people’s eyes because there are no warranties. And these are individuals who love their task. They enjoy the objective of the firm. They work hard. And today, they’re dealing with really tough options, especially if they’re remote. I indicate, it’s very coercive.MARTIN: You say it’s coercive. Because?BERCOVICI: Essentially, if you’re someone who resides in Oregon and has been informed to report to D.C. otherwise we’re going to fire you, they might feel that they have no choice than to take this option.MARTIN: Do you prepare for legal obstacles just 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 trying to find out what to do with it. I’m uncertain if the deal itself may be challengeable. I believe the larger concern is the execution of these terms. I’m not aware of any authority that exists right now for referall.us OPM to buy firms to offer this number of individuals administrative leave. So I believe it is really much potentially setting the stage for difficulties since I feel OPM has greatly surpassed their authority.MARTIN: That is Michelle Bercovici. She is a work lawyer with the Alden Law Group here in Washington, D.C. Thank you so much for signing up with us.BERCOVICI: Thank you so much for having me here.

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