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

MICHEL MARTIN, HOST: members have till February 6 to choose whether to willingly 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 allowed to depart and be paid till the end of September. Michelle Bercovici is an employment legal representative who represents federal staff members as a large part of her practice, so I asked her for her interpretation about what OPM’s deferred resignation program would actually mean.MICHELLE BERCOVICI: I actually don’t consider it a lot a deal. I believe it’s a demand to resign with a vague pledge that, potentially, you could be kept in administrative leave status for up to eight months – but no guarantees.MARTIN: Some individuals have been utilizing the term buyout to explain what this is because there appears to be the deal of administrative leave for approximately eight months if you take this offer. So is it a buyout?BERCOVICI: I would never explain it as a buyout. I think that’s a really misleading term to use in this circumstance. When you think about a buyout, there’s generally some sort of written agreement or a concrete deal to supply a benefit in exchange for waiving specific rights. That is not the case here.MARTIN: If clients ask you for your suggestions, what are you telling them?BERCOVICI: First thing we inform them is exercise extreme care. There are no guarantees contained in this e-mail. The only thing I can tell you for certain is that if you alter your mind, the company’s most likely not going to let you withdraw that resignation, and you are essentially giving up control over a lot.MARTIN: Is there some category of employee who you think 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 mindful since leaving earlier than planned can have serious effects, potentially, on their benefits.MARTIN: Let me simply play a clip from the White House press secretary, Karoline Leavitt. She informed press reporters that this is a bargain for individuals who don’t desire to return to the workplace. Let me simply play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is an idea to federal employees that they need to return in – to work. And if they don’t, then they have the choice to resign, job and this administration is very kindly offering 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 employees 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 designed to get folks who work really tough to resign. I think it’s trying to pull the wool over a great deal of individuals’s eyes because there are no warranties. And these are individuals who like their job. They like the mission of the agency. They strive. And today, they’re dealing with very hard choices, particularly if they’re remote. I mean, it’s really coercive.MARTIN: 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. or else we’re going to fire you, they might feel that they have no choice than to take this option.MARTIN: Do you anticipate legal challenges simply to the deal itself? And job if so, on what grounds?BERCOVICI: This offer, to be sincere, is so unmatched that I believe a lot of us are still trying to determine what to do with it. I’m unsure if the deal itself may be challengeable. I think the larger concern is the execution of these terms. I’m not familiar with any authority that exists right now for OPM to purchase companies to give this variety of individuals administrative leave. So I believe it is quite potentially setting the stage for obstacles because I feel OPM has significantly surpassed their authority.MARTIN: job That is Michelle Bercovici. She is an employment attorney 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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