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

MICHEL MARTIN, HOST: Federal workers have until February 6 to choose whether to voluntarily 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 depart and be paid up until completion of September. Michelle Bercovici is an employment attorney who represents federal workers as a large part of her practice, so I asked her for her interpretation about what OPM’s delayed resignation program would really mean.MICHELLE BERCOVICI: I in fact don’t consider it so much a deal. I believe it’s a demand to resign with a vague promise that, potentially, you might be kept in administrative leave status for up to eight months – but no guarantees.MARTIN: Some people have been using the term buyout to explain what this is because there appears to be the deal of administrative leave for approximately 8 months if you take this offer. So is it a buyout?BERCOVICI: I would absolutely not explain it as a buyout. I believe that’s a very deceptive term to use in this circumstance. When you think about a buyout, there’s typically some sort of written contract or a concrete offer to provide an advantage in exchange for waiving certain rights. That is not the case here.MARTIN: If customers ask you for your advice, what are you informing them?BERCOVICI: First thing we tell them is exercise severe caution. There are no warranties contained in this e-mail. The only thing I can inform you for specific is that if you alter your mind, the agency’s most likely not going to let you withdraw that resignation, employment and you are basically giving up control over a lot.MARTIN: Exists some category of staff member who you believe this might benefit? Maybe they’re close to retirement. Is somebody like that might this be an appealing offer?BERCOVICI: Folks near retirement require to be the most mindful due to the fact that earlier than intended can have severe consequences, 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 great deal for individuals who don’t want to return to the office. Let me just play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: employment This is an idea to federal employees that they need to return in – to work. And employment if they don’t, then they have the alternative to resign, and this administration is really generously using to pay them for 8 months.MARTIN: You’re shaking your head no.BERCOVICI: It just – in a way, employment 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 created 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 due to the fact that there are no assurances. And these are individuals who enjoy their job. They like the mission of the company. They work hard. And right now, they’re dealing with extremely hard choices, especially if they’re remote. I mean, it’s very coercive.MARTIN: You state it’s coercive. Because?BERCOVICI: Essentially, if you’re someone 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: employment Do you expect legal difficulties just to the deal itself? And if so, on what grounds?BERCOVICI: This deal, to be honest, is so extraordinary that I believe a lot of us are still trying to find out what to do with it. I’m not sure if the offer itself might 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 companies to provide this variety of individuals administrative leave. So I think it is quite potentially setting the phase for challenges due to the fact that I feel OPM has 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 joining us.BERCOVICI: Thank you so much for having me here.

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