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

MICHEL MARTIN, HOST: Federal employees have till February 6 to choose whether to their jobs. The U.S. Office of Personnel Management, OPM, notified 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 until the end of September. Michelle Bercovici is an employment lawyer who represents federal employees as a big part of her practice, so I asked her for her analysis about what OPM’s deferred resignation program would really mean.MICHELLE BERCOVICI: I in fact don’t consider it a lot a deal. I think it’s a request to resign with a vague promise that, potentially, you could be kept in administrative leave status for as much as eight months – however no guarantees.MARTIN: Some people have actually been utilizing the term buyout to describe what this is since there seems to be the deal of administrative leave for up to 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 a very misleading term to utilize in this circumstance. When you think of a buyout, there’s generally some sort of composed agreement or a concrete deal to supply an advantage in exchange for waiving specific rights. That is not the case here.MARTIN: If clients ask you for your guidance, employment what are you informing them?BERCOVICI: First thing we tell them is workout severe care. There are no guarantees consisted of in this e-mail. The only thing I can tell you for certain is that if you alter your mind, the agency’s probably not going to let you withdraw that resignation, and you are essentially 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 attractive offer?BERCOVICI: Folks near retirement require to be the most careful due to the fact that leaving earlier than intended can have serious effects, potentially, on their benefits.MARTIN: Let me simply play a clip from the White House press secretary, Karoline Leavitt. She informed reporters that this is a great deal for individuals who do not want to go back to the workplace. Let me just play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a suggestion to federal workers that they need to return in – to work. And if they do not, then they have the option to resign, and this administration is very kindly using to pay them for eight months.MARTIN: You’re shaking your head no.BERCOVICI: It just – in a manner, employment it breaks my heart that federal employees 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 developed to get folks who work truly difficult to resign. I believe it’s attempting to pull the wool over a lot of individuals’s eyes because there are no assurances. And these are people who enjoy their job. They like the mission of the company. They work hard. And right now, they’re dealing with very tough choices, particularly if they’re remote. I imply, it’s very coercive.MARTIN: You state it’s coercive. Because?BERCOVICI: Essentially, if you’re somebody who lives in Oregon and has been informed 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 just to the offer itself? And if so, on what grounds?BERCOVICI: This deal, to be truthful, is so unmatched that I think a great deal of us are still trying to find out what to do with it. I’m uncertain if the offer itself may be challengeable. I believe the larger concern is the execution of these terms. I’m not familiar with any authority that exists today for OPM to order agencies to provide this variety of people administrative leave. So I believe it is very much perhaps setting the stage for difficulties because I feel OPM has significantly surpassed their authority.MARTIN: That is Michelle Bercovici. She is an employment attorney with the Alden Law Group here in Washington, D.C. Thank you so much for signing up with us.BERCOVICI: Thank you so much for having me here.

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