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

MICHEL MARTIN, HOST: Federal workers have until February 6 to choose 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 allowed to depart and be paid up until the end of September. Michelle Bercovici is an employment legal representative who represents federal employees as a large part of her practice, employment so I asked her for her interpretation about what OPM's delayed resignation program would in fact mean.MICHELLE BERCOVICI: I really do not consider it so much a deal. I think it's a request to resign with an unclear pledge that, possibly, you might be kept in administrative leave status for up to eight months - but no guarantees.MARTIN: Some people have been utilizing the term buyout to describe what this is due to the fact that there seems to be the offer of for up to eight months if you take this offer. So is it a buyout?BERCOVICI: I would definitely not describe it as a buyout. I think that's a really misleading term to utilize in this situation. When you believe of a buyout, there's usually some sort of composed agreement or employment a concrete deal to offer an advantage in exchange for waiving certain rights. That is not the case here.MARTIN: If clients ask you for your suggestions, what are you telling them?BERCOVICI: First thing we tell them is workout severe caution. There are no warranties contained in this e-mail. The only thing I can tell you for particular is that if you alter your mind, the firm's probably not going to let you withdraw that resignation, and you are essentially quiting control over a lot.MARTIN: employment Exists some classification of employee who you believe this might benefit? Maybe they're close to retirement. Is someone like that may this be an attractive offer?BERCOVICI: Folks near retirement need to be the most careful due to the fact that leaving earlier than intended can have severe repercussions, possibly, on their benefits.MARTIN: Let me simply play a clip from the White House press secretary, Karoline Leavitt. She told press reporters that this is a good deal for individuals who do not wish to go back to the office. Let me just 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 don't, then they have the choice to resign, and this administration is extremely kindly using to pay them for eight months.MARTIN: You're shaking your head no.BERCOVICI: It just - in such a way, 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 actually tough to resign. I believe it's trying to pull the wool over a great deal of people's eyes since there are no warranties. And these are people who enjoy their task. They like the objective of the firm. They work hard. And right now, they're dealing with really hard options, particularly if they're remote. I imply, it's extremely coercive.MARTIN: You say it's coercive. Because?BERCOVICI: Essentially, if you're someone 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 option than to take this option.MARTIN: Do you prepare for legal obstacles just to the deal itself? And if so, on what grounds?BERCOVICI: This deal, to be truthful, is so unprecedented that I think a lot of us are still trying to figure out what to do with it. I'm unsure if the deal itself might be challengeable. I think the bigger question is the execution of these terms. I'm not knowledgeable about any authority that exists right now for OPM to order agencies to offer this variety of individuals administrative leave. So I think it is quite possibly 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 legal representative with the Alden Law Group here in Washington, D.C. Thank you so much for joining us.BERCOVICI: Thank you a lot for having me here.

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