MICHEL MARTIN, HOST: Federal employees have up until February 6 to decide whether to voluntarily leave their tasks. 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 attorney who represents federal staff members 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 actually do not consider it a lot an offer. I believe it's a request to resign with an unclear guarantee that, possibly, you could be kept in administrative leave status for as much as 8 months - however no guarantees.MARTIN: Some individuals have actually been utilizing the term buyout to explain what this is due to the fact that there appears to be the offer of administrative leave for approximately 8 months if you take this offer. So is it a buyout?BERCOVICI: I would never explain it as a buyout. I think that's an extremely deceptive term to use in this circumstance. When you think of a buyout, there's typically some sort of composed agreement or a concrete deal to provide a benefit in exchange for employment waiving specific rights. That is not the case here.MARTIN: If clients ask you for your guidance, what are you telling them?BERCOVICI: First thing we tell them is workout extreme care. There are no guarantees included in this email. The only thing I can tell you for particular is that if you change your mind, the company's most likely not going to let you withdraw that resignation, and you are essentially offering up control over a lot.MARTIN: Is there some classification of worker who you believe this might benefit? Maybe they're close to retirement. Is somebody like that might this be an attractive offer?BERCOVICI: Folks near retirement require to be the most mindful because leaving earlier than meant can have major consequences, possibly, on their benefits.MARTIN: Let me simply play a clip from the White House press secretary, Karoline Leavitt. She told press reporters that this is a bargain for employment people who do not wish to go back to the workplace. Let me simply 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 really generously providing to pay them for 8 months.MARTIN: You're shaking your head no.BERCOVICI: It just - 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 is in bad faith, that it's designed to get folks who work actually hard to resign. I believe it's attempting to pull the wool over a lot of individuals's eyes due to the fact that there are no warranties. And these are individuals who enjoy their job. They enjoy the objective of the agency. They work hard. And right now, they're facing really tough options, particularly if they're remote. I mean, it's really coercive.MARTIN: You state it's coercive. Because?BERCOVICI: Essentially, if you're someone who lives 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 option than to take this option.MARTIN: Do you expect legal challenges just to the offer itself? And if so, on what grounds?BERCOVICI: This deal, to be honest, is so extraordinary that I believe a lot of us are still attempting to find out what to do with it. I'm uncertain if the offer itself may be challengeable. I believe the bigger concern is the execution of these terms. I'm not aware of any authority that exists right now for OPM to buy firms to give this variety of people administrative leave. So I believe it is really much potentially setting the phase for difficulties since I has greatly 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 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
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