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

MICHEL MARTIN, HOST: Federal employees have up until February 6 to choose whether to voluntarily leave their tasks. The U.S. Office of Personnel Management, OPM, informed employees 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 be paid up until completion of September. Michelle Bercovici is an employment attorney who represents federal staff members 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 do not consider it a lot a deal. I believe it's a request to resign with an unclear promise that, potentially, you could be kept in administrative leave status for up to 8 months - but no guarantees.MARTIN: Some people have actually been utilizing the term buyout to explain what this is since there appears to be the offer of administrative leave for approximately 8 months if you take this deal. So is it a buyout?BERCOVICI: I would definitely not explain it as a buyout. I believe that's a very deceptive term to utilize in this scenario. When you think of a buyout, there's usually some sort of written arrangement 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 employment your guidance, what are you telling them?BERCOVICI: First thing we tell them is exercise extreme caution. There are no warranties contained in this e-mail. The only thing I can inform you for employment certain is that if you alter 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 staff member who you think this might benefit? Maybe they're close to retirement. Is somebody like that may this be an appealing offer?BERCOVICI: Folks near retirement need to be the most mindful because leaving earlier than planned can have severe repercussions, 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 bargain for people who don't wish to return to the workplace. Let me simply play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a recommendation to federal workers that they have to return in - to work. And if they don't, then they have the alternative to resign, and this administration is extremely generously using to pay them for eight months.MARTIN: You're shaking your head no.BERCOVICI: It simply - in a method, 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 actually hard to resign. I believe it's attempting to pull the wool over a great deal of people's eyes since there are no guarantees. And employment these are individuals who love their job. They enjoy the mission of the company. They strive. And right now, they're dealing with extremely difficult choices, specifically if they're remote. I indicate, it's very coercive.MARTIN: You state it's coercive. Because?BERCOVICI: Essentially, employment if you're someone who lives in Oregon and employment 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: Do you prepare for legal obstacles simply to the offer itself? And if so, on what grounds?BERCOVICI: This offer, to be honest, is so extraordinary that I think a great deal of us are still trying to find out what to do with it. I'm uncertain if the deal itself might be challengeable. I believe the bigger concern is the execution of these terms. I'm not aware of any authority that exists right now for employment OPM to buy agencies to provide this number of people administrative leave. So I believe it is very much perhaps setting the stage for obstacles due to the fact that I feel OPM has actually greatly surpassed their authority.MARTIN: That is Michelle Bercovici. She is a work lawyer with the Alden Law Group here in Washington, D.C. Thank you so much for joining us.BERCOVICI: Thank you so much for having me here.

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