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

MICHEL MARTIN, HOST: Federal employees have up until February 6 to decide whether to voluntarily leave their jobs. 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 take leave and be paid till the end of September. Michelle Bercovici is a work lawyer who represents federal employees as a large part of her practice, referall.us so I asked her for her analysis about what OPM’s deferred resignation program would in fact mean.MICHELLE BERCOVICI: I actually do not consider it a lot an offer. I think it’s a request to resign with a vague promise that, potentially, you could be kept in administrative leave status for as much as eight months – however no guarantees.MARTIN: Some people have been utilizing the term buyout to describe what this is since there seems to be the offer of administrative leave for approximately eight months if you take this deal. So is it a buyout?BERCOVICI: I would never explain it as a buyout. I believe that’s a very misleading term to use in this scenario. When you consider a buyout, there’s normally some sort of composed contract or a concrete deal to provide an advantage in exchange for waiving certain rights. That is not the case here.MARTIN: If clients ask you for your recommendations, what are you informing them?BERCOVICI: somalibidders.com First thing we tell them is workout severe care. There are no guarantees contained in this e-mail. The only thing I can tell you for specific is that if you alter your mind, the company’s most likely not going to let you withdraw that resignation, and you are basically offering up control over a lot.MARTIN: Is there some classification of worker who you believe this might ? 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 cautious because leaving earlier than meant can have major effects, possibly, on their benefits.MARTIN: Let me just play a clip from the White House press secretary, Karoline Leavitt. She informed press reporters that this is an excellent deal for individuals who don’t wish to return to the workplace. 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 very kindly using to pay them for 8 months.MARTIN: You’re shaking your head no.BERCOVICI: It just – 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 is in bad faith, that it’s designed to get folks who work truly hard to resign. I think it’s attempting to pull the wool over a great deal of people’s eyes since there are no guarantees. And these are people who enjoy their task. They enjoy the objective of the agency. They strive. And right now, they’re dealing with really tough 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 lives 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 prepare for legal obstacles simply to the offer itself? And if so, on what grounds?BERCOVICI: This offer, to be honest, is so unprecedented that I believe a great deal of us are still trying to determine what to do with it. I’m unsure if the offer itself may be challengeable. I believe the larger concern is the execution of these terms. I’m not mindful of any authority that exists today for OPM to buy agencies to give this variety of individuals administrative leave. So I believe it is very much possibly setting the stage for difficulties because I feel OPM has significantly exceeded their authority.MARTIN: That is Michelle Bercovici. She is a work lawyer 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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