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

MICHEL MARTIN, HOST: Federal staff members have until February 6 to choose whether to voluntarily leave their tasks. 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 enabled to take leave and be paid till completion of September. Michelle Bercovici is a work legal representative who represents federal workers as a large part of her practice, so I asked her for her analysis about what OPM’s deferred resignation program would actually mean.MICHELLE BERCOVICI: employment I really don’t consider it a lot an offer. I think it’s a request to resign with an unclear guarantee that, possibly, you might be kept in administrative leave status for up to 8 months – however no guarantees.MARTIN: Some individuals have been using the term buyout to describe what this is since there appears to be the offer 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 think that’s a really misleading term to utilize in this circumstance. When you believe of a buyout, there’s usually some sort of written agreement or a concrete deal to provide an advantage in exchange for waiving certain rights. That is not the case here.MARTIN: If customers ask you for your suggestions, what are you telling them?BERCOVICI: First thing we tell them is exercise severe caution. There are no guarantees included in this e-mail. The only thing I can tell you for certain is that if you alter your mind, the agency’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 staff member who you think 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 because leaving earlier than planned can have major consequences, possibly, on their benefits.MARTIN: Let me simply play a clip from the White House press secretary, Karoline Leavitt. She informed press reporters that this is a bargain for individuals who don’t wish to go back to the office. Let me just play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a tip 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 extremely kindly using to pay them for eight months.MARTIN: You’re shaking your head no.BERCOVICI: It just – in a manner, 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 developed 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 guarantees. And these are people who enjoy their task. They love the mission of the company. They work hard. And today, they’re facing really tough choices, particularly if they’re remote. I mean, it’s extremely coercive.MARTIN: employment You state it’s coercive. Because?BERCOVICI: Essentially, if you’re somebody 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 choice than to take this option.MARTIN: Do you anticipate legal challenges simply to the deal itself? And if so, on what grounds?BERCOVICI: This deal, to be sincere, is so unmatched that I believe a great deal of us are still attempting to find out what to do with it. I’m uncertain if the deal itself might be challengeable. I believe the bigger question is the execution of these terms. I’m not familiar with any authority that exists right now for OPM to buy agencies to offer this variety of individuals administrative leave. So I believe it is quite possibly setting the stage for challenges due to the fact that I feel OPM has significantly surpassed their authority.MARTIN: employment That is Michelle Bercovici. She is an employment attorney with the Alden Law Group here in Washington, D.C. Thank you a lot for signing up with us.BERCOVICI: Thank you so much for having me here.

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