Employment Lawyer Discusses what Trump Offer to Federal Employees to Resign Would Do
MICHEL MARTIN, HOST: Federal employees have until February 6 to choose whether to voluntarily leave their jobs. The U.S. Office of Personnel Management, OPM, notified 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 the end of September. Michelle Bercovici is an employment lawyer who workers as a large part of her practice, so I asked her for her interpretation about what OPM's deferred resignation program would in fact mean.MICHELLE BERCOVICI: I in fact do not consider it a lot an offer. I believe it's a demand to resign with an unclear pledge that, possibly, you could be kept in administrative leave status for up to 8 months - however no guarantees.MARTIN: Some individuals have actually been using the term buyout to describe what this is because there seems to be the deal of administrative leave for approximately 8 months if you take this deal. So is it a buyout?BERCOVICI: I would never explain it as a buyout. I think that's an extremely misleading term to use in this circumstance. When you think of a buyout, there's typically some sort of composed agreement or a concrete deal to provide an advantage in exchange for waiving particular rights. That is not the case here.MARTIN: If customers ask you for your suggestions, job what are you telling them?BERCOVICI: First thing we tell them is exercise extreme caution. There are no warranties contained 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 providing up control over a lot.MARTIN: Is there some classification of worker 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 mindful since leaving earlier than planned can have major consequences, potentially, on their benefits.MARTIN: Let me simply play a clip from the White House press secretary, Karoline Leavitt. She informed reporters that this is a bargain for people 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 have to return in - to work. And if they don't, then they have the choice to resign, job and this administration is really generously providing to pay them for 8 months.MARTIN: You're shaking your head no.BERCOVICI: It just - in a method, 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 created to get folks who work truly tough to resign. I think it's trying to pull the wool over a lot of individuals's eyes since there are no warranties. And these are individuals who enjoy their job. They love the mission of the firm. They strive. And right now, they're facing really hard choices, 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 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 expect legal obstacles just to the deal itself? And if so, on what grounds?BERCOVICI: This deal, to be honest, is so unmatched that I believe a great deal of us are still trying to determine what to do with it. I'm not exactly sure if the deal itself might be challengeable. I think the larger question is the execution of these terms. I'm not familiar with any authority that exists right now for OPM to order agencies to give this number of people administrative leave. So I think it is extremely much perhaps setting the stage for obstacles due to the fact that I feel OPM has actually vastly surpassed their authority.MARTIN: That is Michelle Bercovici. She is a work legal representative with the Alden Law Group here in Washington, D.C. Thank you a lot for job joining us.BERCOVICI: Thank you a lot for having me here.
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