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

MICHEL MARTIN, HOST: Federal employees have till February 6 to decide whether to voluntarily leave their tasks. 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 completion of September. Michelle Bercovici is an employment lawyer who represents federal employees as a large part of her practice, so I asked her for employment her interpretation about what OPM’s postponed resignation program would really mean.MICHELLE BERCOVICI: I in fact do not consider it so much a deal. I believe it’s a request to resign with an unclear pledge that, potentially, you might be kept in administrative leave status for as much as eight months – however no guarantees.MARTIN: Some individuals have been using the term buyout to describe what this is since there appears to be the offer of administrative leave for approximately 8 months if you take this deal. So is it a buyout?BERCOVICI: I would never describe it as a buyout. I think that’s an extremely misleading term to utilize in this situation. When you think about a buyout, there’s usually some sort of written agreement or a concrete offer to offer an advantage in exchange for waiving certain 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 workout extreme caution. There are no warranties included 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 basically quiting control over a lot.MARTIN: Exists some classification of worker 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 due to the fact that leaving earlier than meant can have major effects, possibly, on their benefits.MARTIN: Let me just play a clip from the White House press secretary, Karoline Leavitt. She informed press reporters that this is a bargain for individuals who don’t wish to return 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 do not, then they have the alternative to resign, and this administration is very generously offering to pay them for eight months.MARTIN: You’re shaking your head no.BERCOVICI: It just – in a manner, 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 really hard to resign. I think it’s trying 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 enjoy their job. They enjoy the mission of the company. They strive. And today, employment they’re dealing with really difficult choices, especially if they’re remote. I imply, it’s really coercive.MARTIN: employment You say it’s coercive. Because?BERCOVICI: Essentially, if you’re somebody who resides 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 option than to take this option.MARTIN: Do you expect legal difficulties just to the offer itself? And if so, on what grounds?BERCOVICI: This offer, to be sincere, is so unprecedented that I think a lot of us are still attempting to find out what to do with it. I’m not exactly sure if the offer itself may be challengeable. I think the larger concern is the execution of these terms. I’m not conscious of any authority that exists right now for OPM to purchase companies to offer this number of people administrative leave. So I believe it is very much perhaps setting the phase for obstacles 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 so much for joining us.BERCOVICI: Thank you a lot for having me here.

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