Add 'Employment Lawyer Discusses what Trump Offer to Federal Employees to Resign Would Do'
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<br>MICHEL MARTIN, HOST: Federal workers have up until February 6 to decide whether to willingly 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 enabled to take leave and be paid up until the end of September. Michelle Bercovici is an [employment](https://heifernepal.org) lawyer who represents federal staff members as a big part of her practice, so I asked her for her analysis about what OPM's deferred resignation program would actually mean.MICHELLE BERCOVICI: I in fact don't consider it so much a deal. I think it's a demand to resign with an unclear guarantee that, potentially, you could be kept in administrative leave status for approximately 8 months - however no guarantees.MARTIN: Some people have been using the term buyout to explain what this is because there seems to be the offer of administrative leave for up to 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 an extremely deceptive term to utilize in this scenario. When you think of a buyout, there's usually some sort of composed contract or a concrete deal to provide 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 exercise severe caution. There are no warranties included in this email. The only thing I can tell you for certain is that if you alter your mind, the company's probably not going to let you withdraw that resignation, and you are basically quiting control over a lot.MARTIN: [employment](https://m1bar.com/user/DanelleChu/) Is there some classification of worker who you think this might benefit? Maybe they're close to retirement. Is somebody like that may this be an appealing offer?BERCOVICI: Folks near retirement need to be the most mindful because leaving earlier than [intended](https://stridenetworks.co.uk) can have severe effects, possibly, on their benefits.MARTIN: [employment](https://www.flughafen-jobs.com/companies/chaakri/) Let me just play a clip from the White House press secretary, Karoline Leavitt. She told press reporters that this is a bargain for individuals who do not want to go back to the office. Let me just play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a tip to [federal workers](https://analyticsjobs.in) that they have to return in - to work. And if they do not, then they have the option to resign, and this administration is very generously providing to pay them for 8 months.MARTIN: You're shaking your head no.BERCOVICI: It simply - in a way, 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 remains in bad faith, [employment](https://wiki.team-glisto.com/index.php?title=Benutzer:NorrisMayes02) that it's designed to get folks who work really difficult to resign. I think it's attempting to pull the wool over a great deal of people's eyes because there are no . And these are people who love their task. They enjoy the mission of the firm. They strive. And today, they're dealing with very tough options, specifically if they're remote. I mean, it's very [coercive](https://jobpks.com).MARTIN: You state it's coercive. Because?BERCOVICI: Essentially, if you're someone 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 choice than to take this option.MARTIN: Do you prepare for legal difficulties just to the offer itself? And if so, on what grounds?BERCOVICI: This offer, to be honest, is so unmatched that I believe a great deal of us are still attempting to determine what to do with it. I'm uncertain if the deal itself might be challengeable. I believe the larger concern is the execution of these terms. I'm not familiar with any authority that exists today for [employment](https://www.indianpharmajobs.in/employer/newhopecareservices/) OPM to order firms to give this number of people administrative leave. So I think it is quite perhaps setting the stage for [employment](https://www.stormglobalanalytics.com/employer/ebas/) challenges since I [feel OPM](https://teachinthailand.org) has actually vastly exceeded their authority.MARTIN: That is Michelle Bercovici. She is an [employment](http://13.237.50.115) legal representative with the Alden Law Group here in Washington, D.C. Thank you a lot for joining us.BERCOVICI: Thank you so much for having me here.<br>
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