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

MICHEL MARTIN, HOST: Federal staff members have until February 6 to decide whether to voluntarily leave their jobs. The U.S. Office of Personnel Management, OPM, informed 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 completion of September. Michelle Bercovici is a work lawyer who represents federal workers as a large part of her practice, so I asked her for her analysis about what OPM’s postponed resignation program would really mean.MICHELLE BERCOVICI: I really do not consider it so much a deal. I believe it’s a demand to resign with an unclear promise that, potentially, you could be kept in administrative leave status for as much as eight months – but no guarantees.MARTIN: Some individuals have been using the term buyout to explain what this is due to the fact that there appears to be the deal of administrative leave for approximately eight months if you take this offer. So is it a buyout?BERCOVICI: somalibidders.com I would never describe it as a buyout. I believe that’s a really misleading term to utilize in this . When you think about a buyout, there’s usually some sort of written agreement or a concrete offer to offer an advantage in exchange for waiving particular rights. That is not the case here.MARTIN: If clients ask you for your advice, what are you telling them?BERCOVICI: First thing we tell them is workout severe caution. There are no assurances included in this email. The only thing I can tell you for certain is that if you alter your mind, the firm’s most likely not going to let you withdraw that resignation, and you are essentially providing up control over a lot.MARTIN: Is there some classification of employee who you believe this might benefit? Maybe they’re close to retirement. Is someone like that might this be an appealing offer?BERCOVICI: Folks near retirement need to be the most mindful because leaving earlier than planned can have major repercussions, potentially, on their benefits.MARTIN: Let me just play a clip from the White House press secretary, Karoline Leavitt. She told press reporters that this is a bargain for people who do not wish to go back to the workplace. Let me simply play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a tip 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 very generously providing 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 staff members 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 developed to get folks who work really hard to resign. I think it’s attempting to pull the wool over a lot of people’s eyes because there are no guarantees. And these are individuals who love their job. They love the objective of the firm. They work hard. And right now, they’re facing really hard options, especially if they’re remote. I indicate, it’s very coercive.MARTIN: You say it’s coercive. Because?BERCOVICI: Essentially, if you’re somebody who resides in Oregon and has been told 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 obstacles simply 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 unsure if the deal itself might be challengeable. I think the larger concern is the execution of these terms. I’m not familiar with any authority that exists today for referall.us OPM to buy companies to give this variety of individuals administrative leave. So I believe it is really much possibly setting the stage for challenges because I feel OPM has actually significantly surpassed their authority.MARTIN: That is Michelle Bercovici. She is a work lawyer with the Alden Law Group here in Washington, D.C. Thank you a lot for signing up with us.BERCOVICI: Thank you a lot for having me here.

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