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

MICHEL MARTIN, HOST: Federal staff members have up until February 6 to decide whether to voluntarily 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 enabled to take leave and be paid till the end of September. Michelle Bercovici is an employment attorney who represents federal workers as a big part of her practice, so I asked her for her interpretation about what OPM’s deferred resignation program would in fact mean.MICHELLE BERCOVICI: I in fact don’t consider it so much a deal. I think it’s a demand to resign with an unclear guarantee that, possibly, you might be kept in administrative leave status for approximately 8 months – but no guarantees.MARTIN: Some people have actually been utilizing the term buyout to describe what this is because there seems to be the offer of administrative leave for up to 8 months if you take this deal. So is it a buyout?BERCOVICI: job I would definitely not explain it as a buyout. I believe that’s a really deceptive term to use in this circumstance. When you think about a buyout, there’s usually some sort of composed arrangement or a concrete deal to offer a benefit in exchange for waiving certain 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 exercise severe care. There are no assurances included in this email. The only thing I can inform you for certain is that if you alter your mind, the firm’s probably not going to let you withdraw that resignation, and you are essentially giving up control over a lot.MARTIN: Is there some classification of worker who you think this might benefit? Maybe they’re close to retirement. Is someone like that might this be an attractive offer?BERCOVICI: Folks near retirement require to be the most cautious due to the fact that leaving earlier than planned can have serious consequences, possibly, on their benefits.MARTIN: Let me simply play a clip from the White House press secretary, job Karoline Leavitt. She informed press reporters that this is a good deal for job individuals who do not desire to go back to the workplace. Let me just play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is an idea to federal workers that they have to return in – to work. And if they do not, then they have the alternative to resign, and this administration is very kindly providing to pay them for eight months.MARTIN: job 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 remains in bad faith, that it’s created to get folks who work truly tough to resign. I think it’s attempting to pull the wool over a lot of individuals’s eyes because there are no warranties. And these are people who enjoy their job. They enjoy the mission of the firm. They strive. And today, they’re facing extremely hard options, specifically if they’re remote. I suggest, it’s very coercive.MARTIN: You say it’s coercive. Because?BERCOVICI: Essentially, if you’re somebody who lives in Oregon and job has been informed to report to D.C. otherwise we’re going to fire you, job they might feel that they have no option than to take this option.MARTIN: Do you expect legal obstacles simply to the offer itself? And if so, on what grounds?BERCOVICI: This offer, to be truthful, is so unmatched that I think a great deal of us are still attempting to figure out what to do with it. I’m uncertain if the deal itself may be challengeable. I think the bigger question is the execution of these terms. I’m not mindful of any that exists right now for OPM to buy agencies to give this variety of people administrative leave. So I believe it is quite perhaps setting the phase for difficulties due to the fact that I feel OPM has actually significantly exceeded their authority.MARTIN: That is Michelle Bercovici. She is an employment lawyer with the Alden Law Group here in Washington, job D.C. Thank you so much for signing up with us.BERCOVICI: Thank you a lot for having me here.

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