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 staff members have until February 6 to decide whether to  their tasks. The U.S. Office of Personnel Management,  [employment](https://www.tuttocamere.it/modules.php?name=Your_Account&op=userinfo&username=Erik26A909) 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 allowed to take leave and be paid till the end of September. Michelle Bercovici is a work lawyer who represents federal staff members as a big part of her practice, so I asked her for her analysis about what OPM's delayed resignation program would in fact mean.MICHELLE BERCOVICI: I in fact don't consider it so much an offer. I believe it's a request to resign with a vague pledge that, potentially, you might be kept in administrative leave status for as much as eight months - however no guarantees.MARTIN: Some individuals have been utilizing 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 definitely not explain it as a buyout. I think that's a really deceptive term to use in this situation. When you think about a buyout, there's typically some sort of written [contract](https://emplealista.com) or a concrete deal to offer 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 exercise severe caution. There are no guarantees included in this e-mail. The only thing I can tell you for specific is that if you alter your mind, the company's probably not going to let you withdraw that resignation, and you are essentially giving up control over a lot.MARTIN: Is there some category of employee who you believe this might benefit? Maybe they're close to retirement. Is somebody like that may this be an attractive offer?BERCOVICI: Folks near retirement need to be the most cautious due to the fact that leaving earlier than intended can have severe effects, potentially, on their benefits.MARTIN: Let me just play a clip from the White House press secretary, Karoline Leavitt. She told press reporters that this is a great deal for individuals who don't want to go back to the office. Let me simply play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a tip 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 generously offering to pay them for eight months.MARTIN: You're shaking your head no.BERCOVICI: It simply - 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 developed to get folks who work truly hard to resign. I believe 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 enjoy their [job](https://www.graysontalent.com). They love the objective of the firm. They work hard. And today, they're facing really hard choices, particularly if they're remote. I suggest, 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. otherwise we're going to fire you, they might feel that they have no option than to take this option.MARTIN: Do you anticipate legal challenges simply to the offer itself? And if so, on what grounds?BERCOVICI: 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 offer itself might be challengeable. I think the bigger concern 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 possibly setting the phase for challenges since I feel OPM has greatly surpassed their authority.MARTIN: That is Michelle Bercovici. She is an [employment](https://cyprus-jobs.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>
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