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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 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 depart and be paid till completion of September. Michelle Bercovici is an employment attorney who represents federal staff members as a large part of her practice, so I asked her for her interpretation about what OPM’s postponed resignation program would really mean.MICHELLE BERCOVICI: I actually do not consider it so much a deal. I think it’s a demand to resign with a vague promise that, potentially, you could be kept in administrative leave status for as much as 8 months – however no guarantees.MARTIN: Some people have actually been utilizing the term buyout to explain what this is because there appears to be the deal of administrative leave for up to eight months if you take this deal. So is it a buyout?BERCOVICI: I would never explain it as a buyout. I think that’s a very deceptive term to use in this situation. When you think about a buyout, there’s normally some sort of written arrangement or a concrete deal to offer a benefit in exchange for waiving particular rights. That is not the case here.MARTIN: If customers ask you for your recommendations, what are you telling them?BERCOVICI: First thing we tell them is exercise extreme caution. There are no assurances contained in this email. The only thing I can tell you for certain is that if you change your mind, the firm’s probably not going to let you withdraw that resignation, and you are essentially 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 someone like that may this be an attractive offer?BERCOVICI: Folks near retirement require to be the most cautious due to the fact that leaving earlier than meant can have major somalibidders.com effects, possibly, on their benefits.MARTIN: Let me simply play a clip from the White House press secretary, Karoline Leavitt. She informed press reporters that this is a bargain for people who do not wish to return to the workplace. Let me just play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a tip to federal employees that they need to return in – to work. And if they do not, then they have the alternative to resign, and this administration is extremely kindly providing to pay them for 8 months.MARTIN: You’re shaking your head no.BERCOVICI: It simply – in a manner, it breaks my heart that federal staff members are being jerked around like this. It sends out a signal to me that this order is in bad faith, that it’s created to get folks who work truly tough to resign. I believe it’s attempting to pull the wool over a great deal of individuals’s eyes because there are no warranties. And these are people who enjoy their task. They love the mission of the company. They strive. And today, they’re dealing with extremely tough options, particularly if they’re remote. I imply, it’s extremely coercive.MARTIN: referall.us You say it’s coercive. Because?BERCOVICI: Essentially, if you’re somebody who resides 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 deal itself? And if so, on what grounds?BERCOVICI: This offer, to be truthful, is so unmatched that I believe a lot of us are still trying to determine what to do with it. I’m unsure if the deal itself may be challengeable. I believe the bigger question is the execution of these terms. I’m not knowledgeable about any authority that exists right now for OPM to purchase firms to give this number of individuals administrative leave. So I believe it is quite perhaps setting the stage for obstacles since I feel OPM has actually greatly 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 joining us.BERCOVICI: Thank you so much for having me here.

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