2025 február 17, hétfő

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

MICHEL MARTIN, HOST: Federal staff members have until February 6 to decide whether to willingly leave their jobs. The U.S. Office of Personnel Management, OPM, informed employees on Tuesday that if they hand employment in their resignation by next Thursday – that’s less than a week from now – most will be enabled to depart and employment be paid until the end of September. Michelle Bercovici is an employment attorney who represents federal employees as a big part of her practice, so I asked her for her interpretation about what OPM’s postponed resignation program would really mean.MICHELLE BERCOVICI: I actually do not consider it a lot a deal. I believe it’s a request to resign with a vague guarantee that, potentially, you might be kept in administrative leave status for approximately eight months – however no guarantees.MARTIN: Some people have actually been using the term buyout to explain what this is due to the fact that there appears to be the offer of administrative leave for up to eight months if you take this deal. So is it a buyout?BERCOVICI: I would never describe it as a buyout. I believe that’s a very deceptive term to use in this . When you consider a buyout, there’s normally some sort of composed arrangement or a concrete deal to offer an advantage in exchange for waiving certain rights. That is not the case here.MARTIN: If clients ask you for your recommendations, what are you informing them?BERCOVICI: First thing we inform them is workout extreme care. There are no guarantees consisted of in this e-mail. The only thing I can inform you for certain is that if you alter your mind, the agency’s probably not going to let you withdraw that resignation, and you are basically providing up control over a lot.MARTIN: Is there some classification of employee 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 to be the most cautious since leaving earlier than planned can have major effects, possibly, 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 bargain 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 a suggestion to federal workers that they have to return in – to work. And if they don’t, then they have the alternative to resign, and this administration is really 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 out a signal to me that this return-to-office order remains in bad faith, that it’s created to get folks who work truly difficult to resign. I think it’s trying to pull the wool over a great deal of individuals’s eyes since there are no guarantees. And these are individuals who like their job. They like the mission of the firm. They work hard. And right now, they’re dealing with very tough options, 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 told to report to D.C. or else we’re going to fire you, they might feel that they have no choice 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 truthful, is so unmatched that I think a great deal of us are still attempting to determine what to do with it. I’m uncertain if the offer itself might be challengeable. I think the bigger question is the execution of these terms. I’m not conscious of any authority that exists today for OPM to order agencies to provide this number of individuals administrative leave. So I think it is extremely much perhaps setting the phase for challenges since I feel OPM has actually vastly exceeded their authority.MARTIN: That is Michelle Bercovici. She is a work lawyer with the Alden Law Group here in Washington, D.C. Thank you a lot for signing up with us.BERCOVICI: Thank you a lot for having me here.

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