MICHEL MARTIN, job HOST: Federal staff members have until February 6 to decide whether to willingly leave their tasks. The U.S. Office of Personnel Management, 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 allowed to take leave and be paid till completion of September. Michelle Bercovici is an employment attorney who represents federal workers as a big 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 a lot an offer. I think it's a demand to resign with an unclear pledge that, possibly, you could be kept in administrative leave status for approximately eight months - however no guarantees.MARTIN: Some individuals have been using the term buyout to explain what this is due to the fact that there seems to be the deal of administrative leave for approximately 8 months if you take this deal. So is it a buyout?BERCOVICI: job I would never explain it as a buyout. I think that's an extremely deceptive term to utilize in this scenario. When you consider a buyout, there's usually some sort of written arrangement or a concrete offer to offer a benefit in exchange for waiving certain rights. That is not the case here.MARTIN: If customers ask you for job your recommendations, what are you telling them?BERCOVICI: First thing we tell them is exercise extreme care. There are no guarantees contained in this e-mail. The only thing I can inform you for certain is that if you change your mind, the company's probably not going to let you withdraw that resignation, and you are essentially quiting control over a lot.MARTIN: Exists 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 require to be the most cautious due to the fact that leaving earlier than planned can have serious effects, potentially, on their benefits.MARTIN: Let me just play a clip from the White House press secretary, Karoline Leavitt. She informed reporters that this is a bargain for people who don't want to go back to the office. Let me simply play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a suggestion to federal employees that they have to return in - to work. And if they don't, then they have the option to resign, job and this administration is really generously providing to pay them for 8 months.MARTIN: You're shaking your head no.BERCOVICI: It just - 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 remains in bad faith, job that it's created to get folks who work actually difficult to resign. I think it's attempting to pull the wool over a great deal of individuals's eyes since there are no assurances. And these are individuals who enjoy their job. They enjoy the objective of the firm. They strive. And right now, they're dealing with extremely hard choices, job especially if they're remote. I suggest, it's really 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 choice than to take this option.MARTIN: job Do you anticipate legal just to the deal itself? And if so, on what grounds?BERCOVICI: This offer, to be sincere, is so unprecedented that I think a great deal of us are still trying to find out what to do with it. I'm uncertain if the deal itself might be challengeable. I believe the bigger concern is the execution of these terms. I'm not knowledgeable about any authority that exists right now for OPM to buy agencies to offer this number of individuals administrative leave. So I believe it is really much possibly setting the stage for obstacles because I feel OPM has greatly 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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Employment Lawyer Discusses what Trump Offer to Federal Employees to Resign Would Do
Aleida Mounts edited this page 2025-02-10 07:43:20 +01:00