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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 willingly leave their tasks. The U.S. Office of Personnel Management, OPM, notified workers 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 up until the end of September.
Michelle Bercovici is an employment legal representative who represents federal employees as a big part of her practice, so I asked her for her interpretation about what OPM’s deferred resignation program would actually mean.MICHELLE BERCOVICI: I actually do not consider it so much a deal. I think it’s a request to resign with a vague pledge that, potentially, you could be kept in administrative leave status for up to eight months – however no guarantees.MARTIN: Some individuals have been utilizing the term buyout to describe 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 think that’s a really misleading term to utilize in this situation. When you consider a buyout, there’s normally some sort of written contract or a concrete offer to supply a benefit in exchange for waiving particular 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 exercise extreme care. There are no guarantees consisted of in this e-mail. The only thing I can inform you for particular 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 someone like that might this be an attractive offer?BERCOVICI: Folks near to be the most careful due to the fact that leaving earlier than planned can have serious repercussions, possibly, job 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 an excellent deal for people who do not desire to return to the office. Let me simply play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a suggestion to federal employees that they have to return in – to work. And if they do not, then they have the option to resign, and this administration is very generously providing to pay them for eight months.MARTIN: You’re shaking your head no.BERCOVICI: It just – in such a way, 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 designed to get folks who work really difficult to resign. I think it’s trying to pull the wool over a lot of people’s eyes since there are no guarantees. And these are individuals who love their job. They enjoy the mission of the firm. They work hard. And today, they’re dealing with really difficult choices, job specifically if they’re remote. I mean, it’s extremely coercive.MARTIN: You say it’s coercive. Because?BERCOVICI: Essentially, if you’re someone who resides 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 expect legal challenges just to the deal itself? And if so, on what grounds?BERCOVICI: This deal, to be truthful, is so unprecedented that I think a lot of us are still trying to determine what to do with it. I’m uncertain if the deal itself may be challengeable. I believe the bigger question is the execution of these terms. I’m not familiar with any authority that exists today for OPM to order firms to provide this variety of individuals administrative leave. So I believe it is quite possibly setting the stage for obstacles due to the fact that I feel OPM has vastly exceeded their authority.MARTIN: That is Michelle Bercovici. She is an employment legal representative 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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