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 choose whether to willingly 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 take leave and be paid till completion of September. Michelle Bercovici is an employment legal representative who represents federal employees as a large part of her practice, so I asked her for her analysis about what OPM’s deferred resignation program would actually mean.MICHELLE BERCOVICI: I really do not consider it so much an offer. I believe it’s a request to resign with a vague promise that, potentially, you could be kept in administrative leave status for up to eight months – however no guarantees.MARTIN: Some individuals have been utilizing the term buyout to describe what this is because there seems to be the offer of administrative leave for approximately eight months if you take this deal. So is it a buyout?BERCOVICI: I would never explain it as a buyout. I believe that’s a really deceptive term to use in this scenario. When you believe of a buyout, there’s usually some sort of written contract or a concrete deal to offer a benefit 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 extreme care. There are no guarantees contained in this email. The only thing I can tell you for certain is that if you change your mind, the agency’s most likely not going to let you withdraw that resignation, and you are essentially providing up control over a lot.MARTIN: Exists some classification of employee who you believe this might benefit? Maybe they’re close to retirement. Is somebody 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 intended can have serious effects, potentially, on their benefits.MARTIN: Let me just play a clip from the White House press secretary, Karoline Leavitt. She told press reporters that this is a bargain for individuals who do not wish to return to the office. Let me simply play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a suggestion to federal workers that they have to return in – to work. And if they do not, employment then they have the alternative to resign, and this administration is really kindly using to pay them for eight months.MARTIN: You’re shaking your head no.BERCOVICI: It simply – in a way, it breaks my heart that federal staff members 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 developed to get folks who work truly tough to resign. I think it’s trying to pull the wool over a lot of people’s eyes due to the fact that there are no assurances. And these are individuals who love their job. They love the objective of the agency. They strive. And right now, they’re dealing with really difficult options, particularly if they’re remote. I imply, it’s really coercive.MARTIN: You state it’s coercive. Because?BERCOVICI: Essentially, if you’re somebody who resides in Oregon and has been told 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 difficulties just to the offer itself? And if so, on what grounds?BERCOVICI: This offer, to be sincere, is so extraordinary that I believe a great deal of us are still trying to figure out what to do with it. I’m not exactly sure if the offer itself may be challengeable. I think the larger question is the execution of these terms. I’m not aware of any authority that exists right now for OPM to purchase companies to provide this variety of individuals administrative leave. So I think it is really much possibly setting the phase for difficulties since I feel OPM has actually significantly surpassed their authority.MARTIN: That is Michelle Bercovici. She is an employment legal representative with the Alden Law Group here in Washington, D.C. Thank you so much for signing up with us.BERCOVICI: employment Thank you so much for having me here.

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