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

MICHEL MARTIN, HOST: Federal employees have until February 6 to decide whether to their jobs. The U.S. Office of Personnel Management, OPM, informed employees 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 till the end of September. Michelle Bercovici is a work legal representative who represents federal workers as a big part of her practice, so I asked her for her analysis about what OPM's delayed resignation program would really mean.MICHELLE BERCOVICI: I in fact do not consider it so much an offer. I think it's a request to resign with a vague pledge that, potentially, you could be kept in administrative leave status for up to 8 months - however no guarantees.MARTIN: Some individuals have been using the term buyout to describe what this is due to the fact that there appears to be the offer of administrative leave for approximately eight months if you take this deal. So is it a buyout?BERCOVICI: I would never explain it as a buyout. I believe that's an extremely deceptive term to utilize in this situation. When you think of a buyout, there's generally some sort of composed contract or a concrete deal to supply 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 tell them is workout extreme care. There are no assurances contained in this email. The only thing I can tell you for specific is that if you change 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 require to be the most careful due to the fact that leaving earlier than planned can have serious effects, potentially, on their benefits.MARTIN: Let me simply play a clip from the White House press secretary, Karoline Leavitt. She informed reporters that this is a bargain for people who do not wish to return to the workplace. Let me just 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 do not, then they have the option to resign, and this administration is really kindly using 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 staff members 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 difficult to resign. I believe it's attempting to pull the wool over a lot of people's eyes since there are no assurances. And these are people who enjoy their task. They love the objective of the agency. They work hard. And right now, they're dealing with really tough options, particularly if they're remote. I suggest, it's very coercive.MARTIN: You say it's coercive. Because?BERCOVICI: Essentially, if you're someone who lives 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 choice than to take this option.MARTIN: Do you anticipate legal obstacles just to the deal itself? And if so, on what grounds?BERCOVICI: forum.batman.gainedge.org This deal, to be truthful, is so unprecedented that I believe a great deal of us are still trying to figure out what to do with it. I'm unsure if the deal itself might be challengeable. I believe the larger concern is the execution of these terms. I'm not aware of any authority that exists today for OPM to order companies to offer this variety of people administrative leave. So I think it is extremely much potentially setting the stage for challenges because I feel OPM has vastly 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 a lot for joining us.BERCOVICI: Thank you so much for having me here.

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