MICHEL MARTIN, HOST: Federal workers have up until February 6 to decide whether to voluntarily leave 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 an employment legal representative who represents federal employees as a large part of her practice, so I asked her for her interpretation about what OPM's deferred resignation program would in fact mean.MICHELLE BERCOVICI: I really do not consider it so much a deal. I believe it's a demand to resign with an unclear promise that, potentially, you could be kept in administrative leave status for up to 8 months - however no guarantees.MARTIN: Some people have been using the to describe what this is because there seems to be the offer of administrative leave for up to 8 months if you take this deal. So is it a buyout?BERCOVICI: I would absolutely not explain it as a buyout. I think that's a very deceptive term to utilize in this situation. When you think about a buyout, botdb.win there's typically some sort of written agreement or a concrete offer to supply a benefit in exchange for waiving certain rights. That is not the case here.MARTIN: If customers ask you for your guidance, what are you telling them?BERCOVICI: First thing we inform them is workout severe caution. There are no warranties consisted of in this e-mail. The only thing I can inform you for particular is that if you alter your mind, the company's most likely not going to let you withdraw that resignation, and you are essentially quiting control over a lot.MARTIN: Is there 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 careful because leaving earlier than meant can have major consequences, 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 good deal for individuals who don't desire 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 need to return in - to work. And if they don't, then they have the choice to resign, and this administration is really kindly 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 workers are being jerked around like this. It sends a signal to me that this return-to-office order remains in bad faith, that it's designed to get folks who work really hard to resign. I believe it's trying to pull the wool over a great deal of individuals's eyes because there are no guarantees. And these are people who love their task. They love the objective of the agency. They work hard. And right now, they're dealing with extremely tough options, particularly if they're remote. I mean, it's really coercive.MARTIN: You say it's coercive. Because?BERCOVICI: Essentially, if you're somebody who lives in Oregon and has been informed 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 legal obstacles simply to the deal itself? And if so, on what grounds?BERCOVICI: This deal, to be truthful, is so unmatched that I believe a great deal of us are still trying to determine what to do with it. I'm unsure if the deal itself might be challengeable. I believe the larger question is the execution of these terms. I'm not familiar with any authority that exists right now for OPM to buy firms to provide this variety of individuals administrative leave. So I believe it is quite possibly setting the phase for challenges due to the fact that I feel OPM has actually greatly exceeded 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 a lot 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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