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 voluntarily leave their tasks. The U.S. Office of Personnel Management, OPM, notified workers on Tuesday that if they hand in their resignation by next Thursday – that’s less than a week from now – most will be enabled to take leave 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 job her interpretation about what OPM’s delayed resignation program would in fact mean.MICHELLE BERCOVICI: I in fact don’t consider it so much an offer. I think it’s a demand to resign with a vague pledge that, potentially, you could be kept in administrative leave status for approximately eight months – however no guarantees.MARTIN: Some individuals have been utilizing the term buyout to explain what this is because there seems to be the offer of administrative leave for approximately 8 months if you take this offer. So is it a buyout?BERCOVICI: I would never explain it as a buyout. I think that’s an extremely misleading term to use in this situation. When you think about a buyout, there’s normally some sort of written contract or a concrete offer to provide a benefit in exchange for waiving specific rights. That is not the case here.MARTIN: If clients ask you for your recommendations, what are you telling them?BERCOVICI: First thing we tell them is workout extreme caution. There are no guarantees contained in this e-mail. The only thing I can tell you for job specific is that if you alter your mind, the company’s probably not going to let you withdraw that resignation, and you are basically quiting control over a lot.MARTIN: job Exists some category of worker who you think this might benefit? Maybe they’re close to retirement. Is somebody like that might this be an appealing offer?BERCOVICI: Folks near retirement need to be the most mindful since leaving earlier than meant can have severe effects, possibly, on their benefits.MARTIN: Let me just play a clip from the White House press secretary, Karoline Leavitt. She informed reporters that this is a bargain for individuals who do not want to go back to the office. Let me just play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a tip to federal workers that they need to return in – to work. And if they don’t, then they have the option to resign, and this administration is extremely generously providing to pay them for job eight months.MARTIN: You’re shaking your head no.BERCOVICI: It simply – in a manner, it breaks my heart that federal workers 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 designed to get folks who work actually tough to resign. I believe it’s attempting to pull the wool over a lot of people’s eyes due to the fact that there are no warranties. And these are people who love their job. They enjoy the objective of the company. They work hard. And right now, they’re dealing with choices, particularly if they’re remote. I imply, it’s very coercive.MARTIN: You state it’s coercive. Because?BERCOVICI: Essentially, if you’re someone who resides in Oregon and has been informed 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 prepare for legal obstacles just 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 attempting to figure out what to do with it. I’m not exactly sure if the deal itself may be challengeable. I think the bigger concern is the execution of these terms. I’m not aware of any authority that exists today for OPM to purchase agencies to offer this variety of individuals administrative leave. So I think it is quite possibly setting the stage for difficulties since 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 signing up with us.BERCOVICI: Thank you a lot for having me here.

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