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Employment Lawyer Discusses what Trump Offer to Federal Employees to Resign Would Do
MICHEL MARTIN, HOST: Federal staff members have till February 6 to decide whether to willingly leave their tasks. 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 permitted to take leave and be paid until the end 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 analysis about what OPM’s deferred resignation program would in fact mean.MICHELLE BERCOVICI: I actually don’t consider it a lot a deal. I think it’s a demand to resign with a vague pledge that, possibly, you might be kept in administrative leave status for approximately 8 months – but no guarantees.MARTIN: Some people have actually been utilizing the term buyout to describe what this is due to the fact that there seems to be the deal of administrative leave for employment as much as eight months if you take this deal. So is it a buyout?BERCOVICI: I would definitely not explain it as a buyout. I think that’s a really deceptive term to utilize in this circumstance. When you consider a buyout, there’s normally some sort of written contract or a concrete offer to provide a benefit in exchange for waiving particular rights. That is not the case here.MARTIN: If customers ask you for employment your suggestions, what are you them?BERCOVICI: First thing we tell them is workout severe caution. There are no warranties consisted of in this email. The only thing I can tell you for particular is that if you alter your mind, the firm’s probably not going to let you withdraw that resignation, and you are essentially providing up control over a lot.MARTIN: Is there some category of staff member who you think this might benefit? Maybe they’re close to retirement. Is somebody like that might this be an attractive offer?BERCOVICI: Folks near retirement need to be the most mindful because leaving earlier than meant can have serious consequences, possibly, on their benefits.MARTIN: Let me simply play a clip from the White House press secretary, employment Karoline Leavitt. She told press reporters that this is a great offer for people who don’t wish to return to the office. Let me just play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a tip to federal workers that they have to return in – to work. And if they don’t, then they have the option to resign, and this administration is extremely kindly offering to pay them for 8 months.MARTIN: You’re shaking your head no.BERCOVICI: It simply – in such a way, employment it breaks my heart that federal employees are being jerked around like this. It sends out a signal to me that this return-to-office order remains in bad faith, that it’s designed to get folks who work actually tough to resign. I think it’s trying to pull the wool over a great deal of individuals’s eyes since there are no assurances. And these are individuals who love their task. They love the mission of the company. They work hard. And right now, employment they’re facing extremely tough options, specifically if they’re remote. I suggest, it’s really coercive.MARTIN: employment You state it’s coercive. Because?BERCOVICI: Essentially, if you’re somebody who lives 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 challenges just to the deal itself? And if so, on what grounds?BERCOVICI: This deal, to be truthful, is so unprecedented that I think a lot of us are still attempting to find out what to do with it. I’m uncertain if the offer itself might be challengeable. I think the bigger concern is the execution of these terms. I’m not familiar with any authority that exists right now for OPM to purchase firms to give this number of individuals administrative leave. So I think it is very much perhaps setting the stage for challenges because I feel OPM has actually 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 a lot for signing up with us.BERCOVICI: Thank you so much for having me here.
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