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

MICHEL MARTIN, HOST: Federal employees 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 take leave and employment be paid up until the end of September. Michelle Bercovici is an employment attorney who represents federal employees as a big part of her practice, so I asked her for her interpretation about what OPM’s delayed resignation program would actually mean.MICHELLE BERCOVICI: I really don’t consider it so much a deal. I think it’s a request to resign with an unclear promise that, potentially, you might be kept in administrative leave status for as much as eight months – however no guarantees.MARTIN: Some people have actually been utilizing the term buyout to explain what this is due to the fact that there appears to be the deal of administrative leave for up to 8 months if you take this deal. So is it a buyout?BERCOVICI: I would definitely not describe it as a buyout. I believe that’s a really deceptive term to utilize in this situation. When you consider a buyout, there’s usually some sort of composed agreement or a concrete deal to offer an advantage in exchange for waiving specific rights. That is not the case here.MARTIN: If customers ask you for your suggestions, what are you telling them?BERCOVICI: First thing we tell them is workout severe caution. There are no guarantees included in this e-mail. The only thing I can tell you for certain is that if you change your mind, the firm’s most likely not going to let you withdraw that resignation, and you are basically quiting control over a lot.MARTIN: Exists some category of employee who you believe this might benefit? Maybe they’re close to retirement. Is somebody like that may this be an attractive offer?BERCOVICI: Folks near retirement need to be the most careful due to the fact that leaving earlier than intended can have serious consequences, 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 individuals who do not wish to return to the office. 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 option to resign, and this administration is extremely kindly providing to pay them for eight months.MARTIN: You’re shaking your head no.BERCOVICI: It simply – in a method, it breaks my heart that federal employees are being jerked around like this. It sends out a signal to me that this return-to-office order is in bad faith, that it’s developed to get folks who work actually difficult to resign. I believe it’s trying to pull the wool over a lot of people’s eyes since there are no warranties. And these are people who enjoy their job. They love the mission of the firm. They strive. And today, they’re facing really difficult options, particularly if they’re remote. I mean, it’s extremely coercive.MARTIN: employment You state it’s . 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 choice than to take this option.MARTIN: Do you prepare for legal obstacles just to the deal itself? And if so, on what grounds?BERCOVICI: employment This deal, to be sincere, is so unprecedented that I think a lot of us are still trying to determine what to do with it. I’m unsure if the deal itself might be challengeable. I believe the bigger concern is the execution of these terms. I’m not mindful of any authority that exists today for OPM to purchase companies to offer this variety of people administrative leave. So I believe it is quite perhaps setting the stage for obstacles because I feel OPM has actually vastly surpassed their authority.MARTIN: That is Michelle Bercovici. She is an employment lawyer with the Alden Law Group here in Washington, employment D.C. Thank you so much for signing up with us.BERCOVICI: Thank you so much for having me here.

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