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

MICHEL MARTIN, HOST: Federal workers have till 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 allowed to depart and be paid till completion of September. Michelle Bercovici is an employment lawyer who represents federal staff members as a big part of her practice, so I asked her for her interpretation about what OPM’s deferred resignation program would in fact mean.MICHELLE BERCOVICI: employment I really don’t consider it so much a deal. I believe it’s a request to resign with an that, possibly, you might be kept in administrative leave status for approximately eight months – however no guarantees.MARTIN: Some people have been using the term buyout to describe what this is due to the fact that there seems to be the offer of administrative leave for employment up to eight months if you take this offer. So is it a buyout?BERCOVICI: I would definitely not describe it as a buyout. I believe that’s a very deceptive term to use in this circumstance. When you think of a buyout, there’s typically some sort of composed contract or a concrete deal to offer a benefit in exchange for waiving certain rights. That is not the case here.MARTIN: If clients ask you for your advice, what are you informing them?BERCOVICI: First thing we inform them is workout extreme caution. There are no assurances included in this email. The only thing I can inform you for specific is that if you alter your mind, the firm’s probably not going to let you withdraw that resignation, and you are essentially quiting control over a lot.MARTIN: Exists some category of employee who you think this might benefit? Maybe they’re close to retirement. Is someone like that may 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 serious repercussions, potentially, 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 good deal for employment people who do not wish to return to the workplace. Let me simply play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is an idea to federal workers that they need to return in – to work. And if they don’t, then they have the choice to resign, and this administration is very kindly using to pay them for eight months.MARTIN: employment You’re shaking your head no.BERCOVICI: It simply – in a manner, employment 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 remains in bad faith, that it’s developed to get folks who work really difficult to resign. I believe it’s trying to pull the wool over a great deal of people’s eyes because there are no guarantees. And these are people who love their task. They like the objective of the firm. They strive. And today, they’re dealing with extremely hard choices, particularly if they’re remote. I indicate, it’s extremely coercive.MARTIN: You say it’s coercive. Because?BERCOVICI: Essentially, if you’re someone who lives 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 option than to take this option.MARTIN: Do you anticipate legal obstacles just to the deal itself? And if so, on what grounds?BERCOVICI: This deal, to be sincere, is so unprecedented that I think a great deal of us are still attempting to figure out what to do with it. I’m not sure if the deal itself may be challengeable. I think the larger concern is the execution of these terms. I’m not knowledgeable about any authority that exists right now for OPM to order firms to offer this number of individuals administrative leave. So I think it is really much possibly setting the stage for challenges because I feel OPM has greatly exceeded 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 a lot for having me here.

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