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

MICHEL MARTIN, HOST: Federal employees have up until February 6 to decide whether to willingly leave their jobs. The U.S. Office of Personnel Management, OPM, notified 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 depart and be paid up until completion of September. Michelle Bercovici is an employment legal representative who represents federal workers as a large part of her practice, so I asked her for her interpretation about what OPM’s delayed resignation program would really mean.MICHELLE BERCOVICI: I in fact don’t consider it a lot a deal. I think it’s a demand to resign with a vague promise that, potentially, you might be kept in administrative leave status for approximately eight months – however no guarantees.MARTIN: Some individuals have been utilizing the term buyout to describe what this is since there appears to be the deal of administrative leave for as much as eight months if you take this offer. So is it a buyout?BERCOVICI: I would definitely not describe it as a buyout. I believe that’s a very deceptive term to use in this situation. When you consider a buyout, there’s normally some sort of written arrangement or a concrete deal to supply a benefit in exchange for waiving specific rights. That is not the case here.MARTIN: If clients ask you for your suggestions, referall.us what are you informing them?BERCOVICI: First thing we tell them is workout severe caution. There are no guarantees included in this e-mail. The only thing I can tell you for particular is that if you change your mind, the firm’s most likely not going to let you withdraw that resignation, and you are basically quiting control over a lot.MARTIN: Is there some category of employee 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 meant can have serious repercussions, potentially, 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 great deal for individuals who don’t want to return to the workplace. 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 really generously offering 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 workers are being jerked around like this. It sends out a signal to me that this return-to-office order is in bad faith, that it’s to get folks who work truly tough to resign. I believe it’s attempting to pull the wool over a lot of people’s eyes due to the fact that there are no warranties. And these are individuals who love their job. They enjoy the objective of the company. They work hard. And right now, they’re facing very hard options, especially if they’re remote. I imply, it’s very 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. or else we’re going to fire you, they might feel that they have no choice than to take this option.MARTIN: Do you anticipate legal challenges simply to the offer itself? And if so, on what grounds?BERCOVICI: This offer, to be truthful, is so unprecedented 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 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 OPM to order companies to give this variety of individuals administrative leave. So I think it is very much perhaps setting the phase for challenges because I feel OPM has greatly exceeded their authority.MARTIN: That is Michelle Bercovici. She is an employment lawyer with the Alden Law Group here in Washington, D.C. Thank you a lot for signing up with us.BERCOVICI: Thank you so much for having me here.

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