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

MICHEL MARTIN, HOST: Federal staff members have up until February 6 to decide whether to willingly 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 until the end of September. Michelle Bercovici is an employment lawyer who represents federal workers as a large part of her practice, so I asked her for her analysis about what OPM’s delayed resignation program would actually mean.MICHELLE BERCOVICI: I really do not consider it so much an offer. I think it’s a demand to resign with an unclear promise that, potentially, you might be kept in administrative leave status for employment as much as 8 months – however 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 offer of administrative leave for approximately 8 months if you take this offer. So is it a buyout?BERCOVICI: employment I would absolutely not describe it as a buyout. I believe that’s a very misleading term to utilize in this scenario. When you think about a buyout, there’s generally some sort of written arrangement or a concrete offer to provide a benefit in exchange for waiving particular rights. That is not the case here.MARTIN: If customers ask you for your guidance, what are you telling them?BERCOVICI: First thing we inform them is workout severe caution. There are no guarantees consisted of in this e-mail. The only thing I can inform 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 basically quiting control over a lot.MARTIN: Is there some category of employee who you believe 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 cautious due to the fact that earlier than meant can have severe repercussions, possibly, on their benefits.MARTIN: Let me simply play a clip from the White House press secretary, Karoline Leavitt. She told press reporters that this is a bargain for individuals who don’t want to return to the office. 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 choice to resign, and this administration is extremely kindly providing to pay them for eight months.MARTIN: You’re shaking your head no.BERCOVICI: It just – in a method, 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 remains in bad faith, that it’s developed to get folks who work truly tough to resign. I believe it’s trying to pull the wool over a great deal of people’s eyes since there are no guarantees. And these are people who like their job. They enjoy the objective of the company. They work hard. And right now, they’re dealing with extremely difficult options, especially if they’re remote. I indicate, it’s very coercive.MARTIN: You state 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 choice than to take this option.MARTIN: Do you expect legal obstacles just to the deal itself? And employment if so, on what grounds?BERCOVICI: This deal, to be honest, is so unmatched that I think a great deal of us are still trying to find out what to do with it. I’m not exactly sure if the offer itself may be challengeable. I think the bigger concern is the execution of these terms. I’m not mindful of any authority that exists right now for OPM to buy agencies to offer this variety of individuals administrative leave. So I believe it is really much perhaps setting the stage for obstacles because I feel OPM has significantly surpassed their authority.MARTIN: That is Michelle Bercovici. She is an employment lawyer with the Alden Law Group here in Washington, D.C. Thank you a lot for joining us.BERCOVICI: Thank you so much for having me here.

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