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

MICHEL MARTIN, HOST: Federal workers have up until February 6 to decide whether to voluntarily leave their tasks. 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 employment be paid until completion of September. Michelle Bercovici is an employment attorney who represents federal workers as a big part of her practice, so I asked her for her interpretation about what OPM’s delayed resignation program would really mean.MICHELLE BERCOVICI: I really don’t consider it a lot an offer. I think it’s a request to resign with a vague guarantee that, potentially, you might be kept in status for approximately eight months – however no guarantees.MARTIN: Some people have actually been utilizing the term buyout to explain what this is because there seems to be the deal of administrative leave for approximately 8 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 very misleading term to utilize in this situation. When you consider a buyout, there’s generally some sort of composed arrangement or a concrete offer to supply an advantage in exchange for waiving specific rights. That is not the case here.MARTIN: If customers ask you for your suggestions, what are you telling them?BERCOVICI: First thing we tell them is exercise severe caution. There are no assurances contained in this email. The only thing I can inform you for specific is that if you change your mind, the firm’s probably not going to let you withdraw that resignation, and you are essentially providing up control over a lot.MARTIN: Is there some classification of employee who you think this might benefit? Maybe they’re close to retirement. Is someone like that may this be an attractive offer?BERCOVICI: Folks near retirement need to be the most mindful because leaving earlier than intended can have major employment repercussions, possibly, on their benefits.MARTIN: Let me just play a clip from the White House press secretary, Karoline Leavitt. She told reporters that this is an excellent offer for people who do not want to go back to the office. Let me just play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a suggestion to federal workers that they need to return in – to work. And if they do not, then they have the option to resign, and this administration is extremely kindly offering to pay them for eight months.MARTIN: You’re shaking your head no.BERCOVICI: It just – in a manner, employment 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 developed to get folks who work truly tough to resign. I think it’s trying to pull the wool over a great deal of people’s eyes because there are no assurances. And these are people who enjoy their job. They love the mission of the agency. They strive. And today, employment they’re facing extremely tough choices, particularly if they’re remote. I suggest, it’s really 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 prepare for legal challenges just to the offer itself? And if so, on what grounds?BERCOVICI: This offer, to be sincere, is so unmatched that I think a lot of us are still attempting to find out what to do with it. I’m not sure if the offer itself may be challengeable. I think the bigger concern is the execution of these terms. I’m not knowledgeable about any authority that exists today for OPM to buy companies to provide this number of people administrative leave. So I think it is quite possibly setting the phase for challenges due to the fact that I feel OPM has actually vastly 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 so much for having me here.

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