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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 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 permitted to depart and be paid till completion of September.
Michelle Bercovici is an employment legal representative who represents federal employees as a large part of her practice, so I asked her for her interpretation about what OPM’s delayed resignation program would really mean.MICHELLE BERCOVICI: I really don’t consider it so much a deal. I believe it’s a demand to resign with a vague promise that, potentially, you might be kept in administrative leave status for as much as 8 months – but no guarantees.MARTIN: Some individuals have been using the term buyout to describe what this is due to the fact that there appears to be the deal of administrative leave for as much as eight months if you take this deal. So is it a buyout?BERCOVICI: I would definitely not explain it as a buyout. I believe that’s a really misleading term to utilize in this situation. When you believe of a buyout, there’s normally some sort of composed contract or a concrete deal to provide a benefit in exchange for waiving certain rights. That is not the case here.MARTIN: If clients ask you for your guidance, what are you telling them?BERCOVICI: First thing we inform them is workout severe care. There are no guarantees included in this e-mail. The only thing I can tell you for particular is that if you alter your mind, the company’s most likely not going to let you withdraw that resignation, and you are essentially offering up control over a lot.MARTIN: Is there 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 retirement require to be the most careful due to the fact that leaving earlier than planned can have severe consequences, potentially, on their benefits.MARTIN: Let me just play a clip from the White House press secretary, referall.us Karoline Leavitt. She told press reporters that this is a bargain for people who do not wish to go back to the office. Let me simply play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is an idea to federal employees that they need to return in – to work. And if they do not, then they have the choice to resign, and this administration is extremely generously offering to pay them for eight months.MARTIN: You’re shaking your head no.BERCOVICI: It just – in 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 is in bad faith, that it’s designed to get folks who work actually difficult to resign. I believe it’s attempting to pull the wool over a lot of people’s eyes since there are no guarantees. And these are individuals who like their task. They love the mission of the firm.
They work hard. And today, they’re facing very difficult choices, particularly if they’re remote.
I indicate, it’s extremely coercive.MARTIN: You say it’s coercive. Because?BERCOVICI: Essentially, if you’re somebody who resides in Oregon and has been informed to report to D.C. or somalibidders.com else 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 simply to the offer itself? And if so, on what grounds?BERCOVICI: This offer, to be sincere, is so unprecedented that I think a great deal of us are still attempting to determine what to do with it. I’m unsure if the offer itself may be challengeable. I believe the larger question is the execution of these terms. I’m not knowledgeable about any authority that exists today for OPM to to give this variety of individuals administrative leave. So I believe it is quite potentially setting the stage for challenges since I feel OPM has vastly exceeded their authority.MARTIN: That is Michelle Bercovici. She is a work attorney 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 having me here.
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