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Employment Lawyer Discusses what Trump Offer to Federal Employees to Resign Would Do
MICHEL MARTIN, employment HOST: Federal workers have till February 6 to choose 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 allowed to take leave and employment be paid till the end of September.
Michelle Bercovici is an employment legal representative who represents federal workers as a big part of her practice, so I asked her for her analysis about what OPM’s delayed resignation program would actually mean.MICHELLE BERCOVICI: I in fact don’t consider it so much an offer. I think it’s a request to resign with a vague promise that, potentially, you might be kept in administrative leave status for as much as 8 months – but no guarantees.MARTIN: Some people have actually been utilizing the term buyout to explain what this is because there appears to be the deal of administrative leave for as much as eight 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 an extremely misleading term to use in this scenario. When you think about a buyout, there’s usually some sort of composed arrangement or a concrete offer to supply a benefit in exchange for waiving certain 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 assurances included in this e-mail. The only thing I can tell you for particular is that if you change your mind, the agency’s most likely not going to let you withdraw that resignation, and you are basically offering up control over a lot.MARTIN: Is there some classification 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 since leaving earlier than intended can have major repercussions, potentially, on their benefits.MARTIN: Let me just play a clip from the White House press secretary, Karoline Leavitt. She informed press reporters that this is a good deal for people who do not wish to return to the office. Let me just 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 option to resign, and this administration is really generously offering to pay them for eight months.MARTIN: You’re shaking your head no.BERCOVICI: employment It simply – in a way, it breaks my heart that 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 difficult to resign.
I think it’s attempting to pull the wool over a lot of individuals’s eyes because there are no warranties. And employment these are people who like their job. They love the objective of the firm. They strive. And today, they’re dealing with very difficult options, specifically if they’re remote. I imply, it’s really coercive.MARTIN: employment You say it’s coercive. Because?BERCOVICI: Essentially, if you’re somebody 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 anticipate legal obstacles just to the deal itself? And if so, on what grounds?BERCOVICI: This offer, employment to be sincere, is so unmatched that I believe a great deal of us are still attempting to determine what to do with it. I’m unsure if the deal itself may be challengeable. I believe the larger concern is the execution of these terms. I’m not knowledgeable about any authority that exists right now for OPM to buy firms to provide this variety of people administrative leave.
So I believe it is quite perhaps setting the stage for challenges because I feel OPM has actually vastly exceeded 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 employment joining us.BERCOVICI: Thank you so much for having me here.
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