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

MICHEL MARTIN, HOST: Federal workers have till February 6 to choose whether to voluntarily leave their jobs. The U.S. Office of Personnel Management, employment 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 till 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 postponed resignation program would actually mean. BERCOVICI: I actually do not consider it a lot a deal. I think it’s a request to resign with an unclear promise that, possibly, you might be kept in administrative leave status for approximately eight months – but no guarantees.MARTIN: Some people have actually been utilizing the term buyout to explain what this is due to the fact that there seems to be the offer of administrative leave for as much as eight months if you take this deal. So is it a buyout?BERCOVICI: I would absolutely not describe it as a buyout. I believe that’s an extremely deceptive term to use in this scenario. When you think about a buyout, there’s usually some sort of written arrangement or a concrete offer to provide a benefit in exchange for waiving specific rights. That is not the case here.MARTIN: If clients ask you for your guidance, what are you informing them?BERCOVICI: First thing we inform them is workout severe caution. There are no warranties included in this email. The only thing I can tell you for certain is that if you alter your mind, the company’s most likely not going to let you withdraw that resignation, and you are essentially providing up control over a lot.MARTIN: Is there some classification of employee who you believe this might benefit? Maybe they’re close to retirement. Is someone like that may this be an appealing offer?BERCOVICI: Folks near retirement need to be the most cautious due to the fact that leaving earlier than intended can have severe repercussions, potentially, 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 don’t wish to return to the workplace. Let me simply play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is an idea to federal workers that they have to return in – to work. And if they do not, then they have the option to resign, and this administration is extremely generously using to pay them for eight months.MARTIN: You’re shaking your head no.BERCOVICI: It simply – in such a way, it breaks my heart that federal staff members 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 designed to get folks who work really difficult 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 assurances. And these are individuals who like their task. They enjoy the mission of the firm. They work hard. And today, they’re dealing with very difficult options, particularly if they’re remote. I suggest, it’s extremely coercive.MARTIN: You state 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 prepare for employment legal challenges simply to the deal itself? And if so, on what grounds?BERCOVICI: This offer, to be honest, is so unmatched that I think a lot of us are still attempting to figure out what to do with it. I’m unsure if the offer itself might be challengeable. I think the bigger question is the execution of these terms. I’m not knowledgeable about any authority that exists today for OPM to order firms to offer this number of individuals administrative leave. So I believe it is really much potentially setting the stage for difficulties since I feel OPM has vastly exceeded their authority.MARTIN: employment That is Michelle Bercovici. She is an employment lawyer with the Alden Law Group here in Washington, D.C. Thank you so much for signing up with us.BERCOVICI: Thank you a lot for having me here.

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