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

MICHEL MARTIN, HOST: employment Federal workers have up until February 6 to choose whether to voluntarily leave their tasks. 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 allowed to take leave and be paid till completion of September. Michelle Bercovici is a work attorney who represents federal employees as a large part of her practice, so I asked her for her analysis about what OPM’s delayed resignation program would really mean.MICHELLE BERCOVICI: I really do not consider it a lot an offer. I believe it’s a demand to resign with a vague promise that, possibly, you might be kept in administrative leave status for approximately eight months – however no guarantees.MARTIN: Some people have actually been utilizing the term buyout to explain what this is since there seems to be the offer of administrative leave for approximately 8 months if you take this deal. So is it a buyout?BERCOVICI: I would definitely not explain it as a buyout. I think that’s an extremely misleading term to use in this situation. When you consider a buyout, there’s generally some sort of written arrangement or a concrete deal to supply an advantage in exchange for waiving certain rights. That is not the case here.MARTIN: If customers ask you for your suggestions, what are you telling them?BERCOVICI: First thing we inform them is workout extreme caution. There are no guarantees included in this email. The only thing I can inform you for certain is that if you change your mind, the firm’s probably not going to let you withdraw that resignation, and employment you are essentially quiting control over a lot.MARTIN: Is there some category of worker who you believe this might ? Maybe they’re close to retirement. Is somebody like that might this be an appealing offer?BERCOVICI: Folks near retirement need to be the most cautious because leaving earlier than planned can have serious effects, possibly, on their benefits.MARTIN: Let me just play a clip from the White House press secretary, Karoline Leavitt. She told reporters that this is a bargain for people who don’t wish to return 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 option to resign, and this administration is really kindly offering to pay them for 8 months.MARTIN: You’re shaking your head no.BERCOVICI: It simply – in a way, 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 is in bad faith, that it’s created to get folks who work really tough to resign. I believe it’s trying to pull the wool over a great deal of people’s eyes due to the fact that there are no assurances. And these are individuals who like their task. They love the mission of the agency. They strive. And employment right now, they’re dealing with really hard choices, especially if they’re remote. I suggest, it’s very coercive.MARTIN: You state it’s coercive. Because?BERCOVICI: Essentially, if you’re somebody who lives in Oregon and has been told to report to D.C. or employment 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 simply to the deal itself? And if so, on what grounds?BERCOVICI: This offer, to be sincere, is so extraordinary that I believe a lot of us are still trying to determine what to do with it. I’m not exactly sure if the offer itself might be challengeable. I think the larger question is the execution of these terms. I’m not aware of any authority that exists today for OPM to buy firms to offer this variety of individuals administrative leave. So I think it is really much perhaps setting the stage for challenges because I feel OPM has actually significantly 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 so much for employment having me here.

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