1 Employment Lawyer Discusses what Trump Offer to Federal Employees to Resign Would Do
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MICHEL MARTIN, HOST: Federal employees have until February 6 to choose whether to voluntarily 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 permitted to take leave and be paid until completion 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 postponed resignation program would in fact mean.MICHELLE BERCOVICI: I in fact do not consider it so much a deal. I think it's a demand 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 utilizing the term buyout to describe what this is because there seems to be the offer of administrative leave for approximately eight months if you take this offer. So is it a buyout?BERCOVICI: I would never describe it as a buyout. I think that's an extremely misleading term to utilize in this situation. When you think about a buyout, there's generally some sort of composed contract or a concrete offer to provide a benefit 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 exercise extreme care. There are no assurances consisted of in this email. The only thing I can tell you for certain is that if you change your mind, the firm's probably not going to let you withdraw that resignation, and you are basically giving up control over a lot.MARTIN: Is there some classification of staff member who you think this might benefit? Maybe they're close to retirement. Is someone like that may this be an attractive offer?BERCOVICI: employment Folks near retirement need to be the most mindful since leaving earlier than intended can have serious consequences, possibly, on their benefits.MARTIN: Let me simply 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 wish to go back to the workplace. Let me just play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is an idea to federal workers that they have to return in - to work. And if they don't, employment then they have the option to resign, and this administration is extremely 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 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 designed to get folks who work really difficult to resign. I believe it's attempting to pull the wool over a great deal of individuals's eyes due to the fact that there are no assurances. And these are individuals who like their task. They enjoy the objective of the agency. They strive. And right now, [employment](https://www.smfsimple.com/ultimateportaldemo/index.php?action=profile