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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 willingly leave their jobs. The U.S. Office of Personnel Management, OPM, informed employees 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 take leave and be paid until completion of September. Michelle Bercovici is an employment lawyer who represents federal workers as a big part of her practice, so I asked her for employment her interpretation about what OPM’s deferred resignation program would really mean.MICHELLE BERCOVICI: I in fact don’t consider it a lot a deal.

I believe it’s a demand to resign with a vague guarantee that, potentially, you might be kept in administrative leave status for up to 8 months – however no guarantees.MARTIN: Some individuals have actually been utilizing the term buyout to explain what this is since there appears to be the offer of administrative leave for up to 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 scenario. When you think about a buyout, there’s typically some sort of written contract or a concrete deal to offer a benefit in exchange for waiving specific rights. That is not the case here.MARTIN: If clients ask you for your advice, what are you informing them?BERCOVICI: First thing we tell them is exercise extreme care. There are no assurances contained in this email. The only thing I can inform you for employment particular is that if you change your mind, the company’s probably not going to let you withdraw that resignation, and you are essentially quiting control over a lot.MARTIN: employment Is there some category of staff member who you believe 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 because leaving earlier than planned can have major effects, potentially, on their benefits.MARTIN: Let me simply play a clip from the White House press secretary, employment Karoline Leavitt. She informed press reporters that this is a bargain for individuals who do not want to return to the workplace.

Let me just play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a suggestion to federal employees that they need to return in – to work. And employment if they don’t, then they have the option to resign, and this administration is very generously using to pay them for 8 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 out a signal to me that this return-to-office order remains in bad faith, that it’s designed to get folks who work actually difficult to resign. I believe it’s attempting to pull the wool over a great deal of people’s eyes due to the fact that there are no warranties. And these are individuals who enjoy their job. They like the of the firm. They work hard. And right now, they’re dealing with really tough choices, specifically if they’re remote. I indicate, it’s really coercive.MARTIN: You state it’s coercive. Because?BERCOVICI: Essentially, if you’re someone who resides in Oregon and has been told to report to D.C. otherwise we’re going to fire you, employment they might feel that they have no choice than to take this option.MARTIN: Do you expect legal difficulties simply to the offer itself? And if so, on what grounds?BERCOVICI: This offer, to be sincere, is so extraordinary that I think a great deal of us are still trying to figure out what to do with it. I’m unsure if the offer itself might be challengeable. I believe the bigger concern is the execution of these terms.

I’m not knowledgeable about any authority that exists right now for OPM to buy companies to give this variety of individuals administrative leave. So I think it is quite possibly setting the stage for obstacles since I feel OPM has greatly surpassed their authority.MARTIN: employment That is Michelle Bercovici. She is a work lawyer 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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