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

MICHEL MARTIN, HOST: Federal staff members have till February 6 to decide whether to willingly leave their tasks. The U.S. Office of Personnel Management, OPM, informed 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 the end of September. Michelle Bercovici is a work legal representative who represents federal staff members as a big part of her practice, so I asked her for her interpretation about what OPM’s deferred resignation program would really mean.MICHELLE BERCOVICI: I in fact do not consider it so much a deal. I think it’s a demand to resign with an unclear pledge that, potentially, you might be kept in administrative leave status for up to eight months – however no guarantees.MARTIN: Some people have actually 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 8 months if you take this deal. So is it a buyout?BERCOVICI: employment I would definitely not describe it as a buyout. I think that’s an extremely deceptive term to utilize in this circumstance. When you think about a buyout, there’s typically some sort of written agreement or a concrete offer to supply a benefit in exchange for waiving specific rights. That is not the case here.MARTIN: If customers ask you for your guidance, what are you telling them?BERCOVICI: First thing we tell them is workout severe caution. There are no assurances contained in this email. The only thing I can tell you for certain 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 classification of worker 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 need to be the most careful since earlier than planned can have severe consequences, possibly, on their benefits.MARTIN: Let me simply play a clip from the White House press secretary, Karoline Leavitt. She informed reporters that this is a good deal for people who don’t want to return to the office. Let me just play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a suggestion to federal workers that they have to return in – to work. And if they do not, then they have the option to resign, and this administration is really generously providing to pay them for 8 months.MARTIN: You’re shaking your head no.BERCOVICI: It simply – in such 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 remains in bad faith, that it’s developed to get folks who work actually tough to resign. I believe it’s trying to pull the wool over a lot of individuals’s eyes since there are no warranties. And employment these are people who love their job. They enjoy the objective of the agency. They strive. And today, they’re facing extremely tough options, especially if they’re remote. I imply, it’s extremely coercive.MARTIN: employment You state it’s coercive. Because?BERCOVICI: Essentially, if you’re someone 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: employment Do you anticipate legal difficulties just to the deal itself? And if so, on what grounds?BERCOVICI: employment This deal, to be truthful, is so extraordinary that I believe a great deal of us are still trying to find out what to do with it. I’m not exactly sure if the deal itself might be challengeable. I think the bigger concern is the execution of these terms. I’m not aware of any authority that exists right now for employment OPM to purchase companies to provide this number of people administrative leave. So I think it is quite perhaps setting the stage for difficulties because I feel OPM has greatly exceeded their authority.MARTIN: That is Michelle Bercovici. She is an employment attorney with the Alden Law Group here in Washington, D.C. Thank you so much for joining us.BERCOVICI: Thank you so much for having me here.

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