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

MICHEL MARTIN, HOST: Federal workers have till February 6 to decide whether to willingly leave their jobs. The U.S. Office of Personnel Management, OPM, notified workers on Tuesday that if they hand employment 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 attorney 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 really mean.MICHELLE BERCOVICI: I really do not consider it a lot a deal. I believe it’s a request to resign with a vague guarantee that, possibly, you could be kept in administrative leave status for approximately 8 months – but no guarantees.MARTIN: Some people have been using the term buyout to explain what this is due to the fact that there seems to be the offer of administrative leave for as much as eight months if you take this deal. So is it a buyout?BERCOVICI: I would absolutely not explain it as a buyout. I think that’s an extremely deceptive term to use in this scenario. When you consider a buyout, there’s usually some sort of composed arrangement or a concrete deal to supply a benefit in exchange for waiving specific rights. That is not the case here.MARTIN: If customers ask you for your advice, what are you telling them?BERCOVICI: First thing we tell them is workout severe caution. There are no warranties consisted of in this email. The only thing I can tell you for certain is that if you alter your mind, the agency’s probably not going to let you withdraw that resignation, and you are basically quiting control over a lot.MARTIN: Exists some classification of staff member who you think this might benefit? Maybe they’re close to retirement. Is somebody like that might this be an attractive offer?BERCOVICI: Folks near retirement require to be the most cautious due to the fact that leaving earlier than intended can have severe consequences, 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 bargain for individuals who do not wish to go back 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 choice to resign, and this administration is very kindly using to pay them for eight months.MARTIN: You’re shaking your head no.BERCOVICI: It simply – in such a way, 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, employment that it’s created to get folks who work actually tough to resign. I believe it’s attempting to pull the wool over a great deal of individuals’s eyes due to the fact that there are no assurances. And these are people who enjoy their task. They love the objective of the firm. They work hard. And right now, they’re facing very difficult options, particularly if they’re remote. I imply, it’s very coercive.MARTIN: You say it’s coercive. Because?BERCOVICI: Essentially, if you’re someone who resides in Oregon and employment 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 anticipate legal obstacles just to the offer itself? And if so, on what ?BERCOVICI: This deal, to be sincere, is so unprecedented that I believe a lot of us are still attempting to find out what to do with it. I’m uncertain if the deal itself may be challengeable. I think the larger question is the execution of these terms. I’m not familiar with any authority that exists today for OPM to order agencies to offer this variety of individuals administrative leave. So I think it is quite potentially setting the stage for obstacles due to the fact that I feel OPM has actually significantly exceeded their authority.MARTIN: That is Michelle Bercovici. She is an employment lawyer with the Alden Law Group here in Washington, D.C. Thank you a lot for joining us.BERCOVICI: Thank you a lot for having me here.

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