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

MICHEL MARTIN, HOST: Federal employees have until February 6 to choose whether to voluntarily leave their jobs. 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 permitted to depart and be paid until the end of September. Michelle Bercovici is an employment attorney who represents federal employees as a big part of her practice, so I asked her for her interpretation about what OPM’s delayed resignation program would actually mean.MICHELLE BERCOVICI: I in fact do not consider it a lot a deal. I think it’s a request to resign with an unclear promise that, potentially, you might be kept in administrative leave status for approximately 8 months – but no guarantees.MARTIN: Some individuals have actually been utilizing the term buyout to explain what this is due to the fact that there seems to be the deal of administrative leave for up to eight months if you take this offer. So is it a buyout?BERCOVICI: I would never describe it as a buyout. I believe that’s a very deceptive term to use in this scenario. When you think about a buyout, there’s usually some sort of composed agreement or a concrete deal to offer an advantage in exchange for waiving particular rights. That is not the case here.MARTIN: If clients ask you for your guidance, what are you telling them?BERCOVICI: First thing we tell them is workout extreme care. There are no assurances contained in this e-mail. The only thing I can tell you for certain is that if you change your mind, the company’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 category of staff member who you think this might benefit? Maybe they’re close to retirement. Is someone like that might this be an appealing offer?BERCOVICI: Folks near retirement require to be the most mindful due to the fact that leaving earlier than meant can have serious consequences, potentially, on their benefits.MARTIN: Let me just play a clip from the White secretary, Karoline Leavitt. She told press reporters that this is a good offer for individuals who do not want to return to the workplace. Let me simply play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a tip to federal employees that they need to return in – to work. And if they do not, then they have the choice to resign, and this administration is very kindly using to pay them for eight months.MARTIN: You’re shaking your head no.BERCOVICI: It simply – in a manner, 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 is in bad faith, that it’s designed to get folks who work truly difficult to resign. I believe it’s attempting to pull the wool over a lot of people’s eyes because there are no guarantees. And these are people who like their job. They enjoy the objective of the firm. They work hard. And today, they’re facing very difficult choices, particularly if they’re remote. I suggest, it’s extremely coercive.MARTIN: You state it’s coercive. Because?BERCOVICI: Essentially, if you’re somebody who lives 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 expect legal difficulties just to the offer itself? And if so, on what grounds?BERCOVICI: This offer, to be truthful, is so extraordinary that I believe a lot of us are still attempting to find out what to do with it. I’m not sure if the offer itself may be challengeable. I think the bigger concern is the execution of these terms. I’m not knowledgeable about any authority that exists right now for OPM to buy agencies to provide this number of people administrative leave. So I believe it is quite potentially setting the phase for difficulties due to the fact that I feel OPM has actually greatly surpassed their authority.MARTIN: That is Michelle Bercovici. She is an employment lawyer with the Alden Law Group here in Washington, referall.us D.C. Thank you so much for signing up with us.BERCOVICI: Thank you a lot for having me here.

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