MICHEL MARTIN, HOST: Federal staff members have till February 6 to decide whether to willingly 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 permitted to depart and be paid up until completion of September. Michelle Bercovici is an employment legal representative who represents federal staff members as a big part of her practice, so I asked her for her analysis about what OPM's postponed resignation program would in fact mean.MICHELLE BERCOVICI: I really do not consider it a lot an offer. I think it's a demand to resign with a vague guarantee that, possibly, you might be kept in administrative leave status for as much as 8 months - but no guarantees.MARTIN: Some individuals have been using the term buyout to explain what this is because there seems to be the deal of administrative leave for up to eight months if you take this deal. So is it a buyout?BERCOVICI: I would never describe it as a buyout. I think that's a really deceptive term to utilize in this scenario. When you believe of a buyout, there's typically some sort of composed agreement or a concrete deal to provide a benefit in exchange for waiving certain rights. That is not the case here.MARTIN: If customers ask you for your suggestions, employment what are you informing them?BERCOVICI: First thing we inform them is exercise extreme caution. There are no assurances included in this email. The only thing I can inform you for specific is that if you alter your mind, the agency's most likely not going to let you withdraw that resignation, and you are basically giving up control over a lot.MARTIN: Exists some category 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 consequences, possibly, on their benefits.MARTIN: Let me simply play a clip from the White House press secretary, Karoline Leavitt. She told reporters that this is a bargain for people who do not want to go back to the office. 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 don't, then they have the choice to resign, and this administration is extremely generously providing to pay them for 8 months.MARTIN: You're shaking your head no.BERCOVICI: It simply - in a manner, it breaks my heart that federal workers are being jerked around like this. It sends a signal to me that this return-to-office order remains in bad faith, employment that it's developed to get folks who work truly 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 people who like their task. They enjoy the mission of the agency. They strive. And right now, they're dealing with extremely difficult options, especially if they're remote. I mean, it's very coercive.MARTIN: You state it's coercive. Because?BERCOVICI: Essentially, employment if you're someone who resides in Oregon and has been informed 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 difficulties simply to the offer itself? And if so, on what grounds?BERCOVICI: This deal, to be honest, is so extraordinary that I think a great deal of us are still trying to determine what to do with it. I'm unsure if the offer itself might be challengeable. I believe the bigger concern is the execution of these terms. I'm not knowledgeable about any authority that exists today for OPM to buy agencies to provide this variety of people administrative leave. So I think it is quite potentially setting the stage for challenges because I has greatly exceeded their authority.MARTIN: That is Michelle Bercovici. She is an employment legal representative with the Alden Law Group here in Washington, D.C. Thank you a lot for joining 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
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