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

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

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-<br>MICHEL MARTIN, HOST: Federal workers have until February 6 to choose whether to willingly leave their [jobs](http://gkpjobs.com). The U.S. Office of Personnel Management, OPM, notified 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 depart and be paid till completion of September. Michelle Bercovici is an [employment](https://michiganstaffingsolutions.com) lawyer 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 actually mean.MICHELLE BERCOVICI: I actually do not consider it so much an offer. I think it's a request to resign with a vague pledge that, possibly, you could be kept in administrative leave status for as much as eight months - but no guarantees.MARTIN: Some people have actually been using the term buyout to describe what this is since there seems to be the deal of administrative leave for as much as 8 months if you take this deal. So is it a buyout?BERCOVICI: I would absolutely not describe it as a buyout. I believe that's an extremely deceptive term to utilize in this scenario. When you believe of a buyout, there's usually some sort of composed agreement or a concrete deal to offer an advantage in exchange for waiving particular 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 workout severe care. There are no assurances contained in this e-mail. The only thing I can tell you for specific is that if you alter your mind, the firm's probably not going to let you withdraw that resignation,  [employment](https://gratisafhalen.be/author/barrettchar/) and you are basically offering up  over a lot.MARTIN: Exists some category of employee who you believe this might benefit? Maybe they're close to retirement. Is someone like that may this be an attractive offer?BERCOVICI: Folks near retirement require to be the most mindful because leaving earlier than planned can have severe repercussions, potentially, on their benefits.MARTIN:  [employment](http://forum.altaycoins.com/profile.php?id=1079650) Let me simply play a clip from the White House press secretary, Karoline Leavitt. She told press reporters that this is an excellent deal for individuals who don't want to go back to the workplace. Let me just play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT:  [employment](https://utahsyardsale.com/author/garybamford/) This is a tip to federal workers that they need to return in - to work. And if they don't, then they have the alternative to resign, and this [administration](https://careercounseling.tech) is really kindly providing to pay them for 8 months.MARTIN: You're shaking your head no.BERCOVICI: It simply - in such a way, it breaks my heart that federal workers 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 actually tough to resign. I think it's attempting to pull the wool over a great deal of individuals's eyes since there are no assurances. And these are individuals who love their job. They love the objective of the firm. They work hard. And today, they're [dealing](https://gmstaffingsolutions.com) with really tough options,  [employment](https://classihub.in/author/haydennyhol/) particularly if they're remote. I mean, it's really coercive.MARTIN: You say it's coercive. Because?BERCOVICI:  [employment](https://trade-britanica.trade/wiki/User:Cierra8136) Essentially, if you're somebody 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 choice than to take this option.MARTIN:  [employment](https://www.wakewiki.de/index.php?title=Benutzer:JanieAxo80941214) Do you anticipate legal challenges just to the deal itself? And if so, on what grounds?BERCOVICI: This offer, to be honest, is so unmatched that I believe a lot of us are still attempting to figure out what to do with it. I'm not exactly sure if the deal itself may be challengeable. I think the bigger concern is the execution of these terms. I'm not aware of any authority that exists right now for OPM to buy companies to give this variety of individuals administrative leave. So I believe it is quite possibly setting the stage for difficulties due to the fact that I feel OPM has greatly exceeded their authority.MARTIN: That is Michelle Bercovici. She is an [employment](https://contractoe.com) legal representative with the Alden Law Group here in Washington, D.C. Thank you a lot for joining us.BERCOVICI: Thank you a lot for having me here.<br>
-<br>Copyright © 2025 NPR. All rights reserved. Visit our website terms of use and approvals pages at www.npr.org for additional info.<br>
-<br>NPR records are developed on a rush due date by an NPR specialist. This text may not be in its last form and might be updated or modified in the future. Accuracy and schedule might vary. The authoritative record of NPR's programs is the audio record.<br>
+<br>MICHEL MARTIN, HOST: Federal employees have up until February 6 to decide whether to voluntarily leave their [jobs](https://jobsekerz.com). The U.S. Office of Personnel Management, OPM, notified 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 depart and be paid until the end of September. Michelle Bercovici is a work legal representative who represents federal workers as a large part of her practice, so I asked her for her interpretation about what OPM's deferred 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 an unclear promise that, potentially, you could be kept in administrative leave status for approximately eight months - however no guarantees.MARTIN: Some individuals have been using the term buyout to describe what this is because there appears to be the deal of administrative leave for as much as 8 months if you take this deal. So is it a buyout?BERCOVICI:  [employment](https://biolink.palcurr.com/danniecond) I would absolutely not explain it as a buyout. I believe that's an extremely misleading term to use in this circumstance. When you consider a buyout, there's typically some sort of written agreement 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 recommendations, what are you informing them?BERCOVICI: First thing we inform them is workout severe care. There are no warranties included in this e-mail. The only thing I can inform you for certain is that if you change your mind, the agency's probably not going to let you [withdraw](http://jobs.freightbrokerbootcamp.com) that resignation, and you are essentially quiting control over a lot.MARTIN: Is there some category of staff member who you believe this might benefit? Maybe they're close to retirement. Is somebody like that might this be an appealing offer?BERCOVICI: Folks near [retirement require](https://financeandsocietynetwork.org) to be the most careful because leaving earlier than planned can have major consequences, potentially,  [employment](http://www.annunciogratis.net/author/eldonbrady) on their benefits.MARTIN: Let me simply play a clip from the White House press secretary, Karoline Leavitt. She informed press reporters that this is a bargain for individuals who don't wish to go back to the workplace. Let me simply play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a recommendation to federal employees that they have to return in - to work. And if they do not, then they have the alternative to resign, and this administration is very [generously providing](http://profilsjob.com) to pay them for eight months.MARTIN: You're shaking your head no.BERCOVICI: It simply - in a manner, it breaks my heart that  are being jerked around like this. It sends out a signal to me that this return-to-office order remains in bad faith, that it's designed to get folks who work actually tough to resign. I believe it's trying to pull the wool over a great deal of individuals's eyes since there are no assurances. And these are people who love their task. They enjoy the objective of the agency. They strive. And right now, they're facing really hard choices, especially if they're remote. I suggest, it's really coercive.MARTIN: You say 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](https://equipifieds.com/author/cleveland96/) legal obstacles simply to the deal itself? And if so,  [employment](https://links.gtanet.com.br/mickeysantor) on what grounds?BERCOVICI: This deal, to be truthful, is so extraordinary that I believe a lot of us are still trying to find out what to do with it. I'm not sure if the offer itself may be challengeable. I think the bigger question is the execution of these terms. I'm not aware of any authority that exists today for OPM to buy companies to provide this number of people administrative leave. So I believe it is quite perhaps setting the phase for obstacles since I feel OPM has significantly surpassed their [authority](https://jobboat.co.uk).MARTIN: That is Michelle Bercovici. She is an [employment](https://empleos.plazalama.com.do) legal representative 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.<br>
+<br>Copyright © 2025 NPR. All rights booked. Visit our website regards to usage and authorizations pages at www.npr.org for more details.<br>
+<br>NPR transcripts are produced on a rush due date by an NPR professional. This text may not be in its last form and may be upgraded or revised in the future. Accuracy and schedule might differ. The authoritative record of NPR's shows is the audio record.<br>