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

MICHEL MARTIN, HOST: Federal workers have until February 6 to decide whether to voluntarily leave their jobs. 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 allowed to depart and be paid until the end of September. Michelle Bercovici is a work legal representative who staff members as a big part of her practice, so I asked her for her interpretation about what OPM’s delayed resignation program would really mean.MICHELLE BERCOVICI: I in fact do not consider it a lot an offer. I think it’s a request to resign with an unclear promise that, potentially, you might be kept in administrative leave status for as much as 8 months – but no guarantees.MARTIN: Some individuals have actually been using the term buyout to describe what this is because there appears to be the deal of administrative leave for job as much as 8 months if you take this offer. So is it a buyout?BERCOVICI: I would never explain it as a buyout. I think that’s an extremely deceptive term to utilize in this scenario. When you think of a buyout, there’s typically some sort of written agreement or a concrete deal to offer a benefit in exchange for job waiving certain rights. That is not the case here.MARTIN: If customers ask you for your suggestions, what are you informing them?BERCOVICI: First thing we tell them is workout severe caution. There are no warranties contained in this e-mail. The only thing I can inform you for specific is that if you change 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: job Is there some category of worker who you think this might benefit? Maybe they’re close to retirement. Is someone like that may this be an appealing offer?BERCOVICI: Folks near retirement require to be the most careful because leaving earlier than intended can have severe effects, possibly, 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 a good offer for people who do not desire to go back to the office. Let me just play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a recommendation to federal workers that they have to return in – to work. And if they don’t, then they have the alternative to resign, and this administration is really generously using to pay them for 8 months.MARTIN: job You’re shaking your head no.BERCOVICI: It simply – in a manner, it breaks my heart that federal workers 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 truly hard to resign. I believe it’s trying to pull the wool over a lot of people’s eyes since there are no guarantees. And these are people who enjoy their job. They love the mission of the agency. They strive. And right now, they’re facing really tough options, job particularly if they’re remote. I indicate, it’s very coercive.MARTIN: You state it’s coercive. Because?BERCOVICI: Essentially, if you’re somebody who lives in Oregon and has been informed to report to D.C. otherwise we’re going to fire you, job they might feel that they have no choice than to take this option.MARTIN: Do you prepare for legal obstacles just to the offer itself? And if so, on what grounds?BERCOVICI: This offer, to be truthful, is so unmatched that I believe a great deal of us are still attempting to determine what to do with it. I’m not sure if the offer itself might be challengeable. I think the larger concern is the execution of these terms. I’m not conscious of any authority that exists today for OPM to purchase agencies to offer this variety of individuals administrative leave. So I think it is very much potentially setting the stage for difficulties since I feel OPM has vastly surpassed their authority.MARTIN: That is Michelle Bercovici. She is an employment attorney with the Alden Law Group here in Washington, job D.C. Thank you a lot for signing up with us.BERCOVICI: Thank you a lot for having me here.

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