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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, 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 allowed to take leave and be paid till the end of September.
Michelle Bercovici is a work lawyer who represents federal employees as a big part of her practice, so I asked her for her interpretation about what OPM’s deferred resignation program would actually mean.MICHELLE BERCOVICI: I really don’t consider it a lot a deal. I believe it’s a request to resign with an unclear guarantee that, possibly, you could be kept in status for up to eight months – but no guarantees.MARTIN: Some individuals have actually been using the term buyout to explain what this is since there seems to be the deal of administrative leave for as much as 8 months if you take this deal. So is it a buyout?BERCOVICI: I would definitely not explain it as a buyout. I believe that’s a very misleading term to use in this circumstance. When you believe of a buyout, there’s usually some sort of composed agreement or a concrete offer to provide an advantage in exchange for waiving particular rights. That is not the case here.MARTIN: If customers ask you for your suggestions, what are you telling them?BERCOVICI: First thing we tell them is exercise severe care. There are no assurances contained in this e-mail. The only thing I can tell you for particular is that if you change your mind, the agency’s most likely not going to let you withdraw that resignation, and you are essentially giving 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 may this be an appealing offer?BERCOVICI: Folks near retirement require to be the most mindful because leaving earlier than planned can have severe repercussions, potentially, on their benefits.MARTIN: Let me just play a clip from the White House press secretary, employment Karoline Leavitt. She informed reporters that this is a bargain for individuals who do not wish to go back to the office. Let me simply play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a recommendation to federal employees that they need to return in – to work. And if they don’t, then they have the choice to resign, and this administration is extremely kindly offering to pay them for eight months.MARTIN: You’re shaking your head no.BERCOVICI: employment It simply – in a method, 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 actually hard to resign. I think 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 people who enjoy their task. They love the mission of the company. They strive. And today, employment they’re dealing with very tough options, especially if they’re remote. I imply, employment it’s very coercive.MARTIN: employment You state it’s coercive. Because?BERCOVICI: Essentially, if you’re someone who lives 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 prepare for legal obstacles just to the offer itself? And if so, on what grounds?BERCOVICI: This deal, to be honest, 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 may be challengeable. I believe the bigger concern is the execution of these terms. I’m not familiar with any authority that exists today for OPM to buy firms to offer this number of people administrative leave. So I believe it is very much possibly setting the phase for obstacles due to the fact that I feel OPM has vastly surpassed their authority.MARTIN: 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 so much for having me here.
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