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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 take leave and be paid up until the end of September. Michelle Bercovici is a work attorney who represents federal employees as a large part of her practice, so I asked her for her analysis about what OPM's delayed resignation program would really mean.MICHELLE BERCOVICI: I actually do not consider it a lot a deal. I believe it's a demand to resign with a vague guarantee that, potentially, you could be kept in administrative leave status for approximately 8 months - but no guarantees.MARTIN: Some individuals have actually been utilizing the term buyout to describe what this is due to the fact that there seems to be the offer of administrative leave for approximately 8 months if you take this deal. So is it a buyout?BERCOVICI: I would never describe it as a buyout. I believe that's an extremely misleading term to use in this situation. When you think about a buyout, there's typically some sort of written arrangement or a concrete offer to supply an advantage in exchange for waiving particular 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 severe caution. There are no guarantees consisted of in this email. The only thing I can inform you for particular is that if you alter your mind, employment the agency's most likely not going to let you withdraw that resignation, and you are basically quiting control over a lot.MARTIN: Exists some category of employee who you believe this might benefit? Maybe they're close to retirement. Is somebody like that may this be an appealing offer?BERCOVICI: Folks near retirement require to be the most mindful because leaving earlier than intended can have major effects, possibly, on their benefits.MARTIN: Let me just play a clip from the White House press secretary, Karoline Leavitt. She told reporters that this is a bargain for people who don't want to return to the workplace. Let me simply play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: employment This is a tip to federal workers that they need to return in - to work. And if they don't, then they have the choice to resign, and this administration is extremely kindly providing 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 hard to resign. I think it's trying to pull the wool over a great deal of individuals's eyes due to the fact that there are no guarantees. And these are people who like their job. They enjoy the objective of the agency. They work hard. And today, they're facing really tough options, particularly if they're remote. I mean, it's extremely coercive.MARTIN: You say it's coercive. Because?BERCOVICI: Essentially, if you're someone who resides in Oregon and 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 anticipate legal difficulties simply to the offer itself? And employment if so, on what grounds?BERCOVICI: This offer, to be honest, is so unmatched that I believe a great deal of us are still trying to determine what to do with it. I'm not sure if the deal itself might be challengeable. I think the larger concern is the execution of these terms. I'm not mindful of any authority that exists right now for OPM to purchase agencies to provide this number of individuals administrative leave. So I believe it is very much possibly setting the stage for challenges because 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 a lot for us.BERCOVICI: Thank you so much for having me here.

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