MICHEL MARTIN, HOST: Federal employees have till 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 permitted to take leave and be paid till the end of September. Michelle Bercovici is a work lawyer who represents federal staff members as a big 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 really do not consider it a lot a deal. I think it's a demand to resign with an unclear pledge that, potentially, employment you could be kept in administrative leave status for up to 8 months - however no guarantees.MARTIN: Some people have been using the term buyout to describe what this is due to the fact that there appears to be the offer of for up to eight months if you take this offer. So is it a buyout?BERCOVICI: I would definitely not explain it as a buyout. I believe that's an extremely deceptive term to use in this scenario. When you consider a buyout, there's usually some sort of composed contract or a concrete deal to offer a benefit in exchange for waiving specific rights. That is not the case here.MARTIN: If customers ask you for your advice, what are you telling them?BERCOVICI: First thing we inform them is exercise severe caution. There are no guarantees included in this email. The only thing I can inform you for specific is that if you alter your mind, the firm's most likely not going to let you withdraw that resignation, and you are basically offering up control over a lot.MARTIN: Exists some classification of worker who you believe this might benefit? Maybe they're close to retirement. Is someone like that might this be an attractive offer?BERCOVICI: Folks near retirement need to be the most mindful because leaving earlier than intended can have serious effects, possibly, on their benefits.MARTIN: Let me simply play a clip from the White House press secretary, employment Karoline Leavitt. She told reporters that this is a great deal for people who don't want to go back to the office. Let me just play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a tip to federal employees that they need to return in - to work. And if they do not, then they have the option to resign, and this administration is very generously offering to pay them for eight months.MARTIN: You're shaking your head no.BERCOVICI: It simply - in such a way, 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 is in bad faith, that it's created to get folks who work truly hard to resign. I believe it's trying to pull the wool over a lot of individuals's eyes since there are no assurances. And these are individuals who enjoy their job. They love the objective of the agency. They work hard. And right now, they're facing extremely difficult choices, especially if they're remote. I indicate, it's really coercive.MARTIN: You state 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 prepare for employment legal obstacles just to the offer itself? And if so, on what grounds?BERCOVICI: This deal, to be sincere, is so extraordinary that I believe a lot of us are still trying to figure out what to do with it. I'm unsure if the offer itself may be challengeable. I think the larger concern is the execution of these terms. I'm not knowledgeable about any authority that exists right now for OPM to order companies to give this variety of individuals administrative leave. So I think it is extremely much perhaps setting the phase for challenges because I feel OPM has vastly surpassed their authority.MARTIN: employment 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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