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Opened Feb 11, 2025 by Leonor Reese@leonorreese01
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Employment Lawyer Discusses what Trump Offer to Federal Employees to Resign Would Do


MICHEL MARTIN, HOST: Federal staff members have till February 6 to decide whether to voluntarily leave their jobs. 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 allowed to depart and be paid till completion of September. Michelle Bercovici is an employment attorney who represents federal employees as a large part of her practice, so I asked her for her interpretation about what OPM's postponed resignation program would actually mean.MICHELLE BERCOVICI: annunciogratis.net I in fact don't consider it a lot a deal. I think it's a demand to resign with an unclear guarantee that, potentially, you might be kept in administrative leave status for approximately eight months - but no guarantees.MARTIN: Some people have been using the term buyout to describe what this is because there seems to be the deal of administrative leave for accc.rcec.sinica.edu.tw as much as eight months if you take this deal. So is it a buyout?BERCOVICI: I would absolutely not explain it as a buyout. I think that's an term to utilize in this situation. When you think of a buyout, scientific-programs.science there's usually some sort of written arrangement or a concrete offer to provide an advantage in exchange for waiving specific rights. That is not the case here.MARTIN: If clients ask you for your advice, what are you telling them?BERCOVICI: First thing we tell them is workout severe caution. There are no guarantees consisted of in this e-mail. The only thing I can tell you for particular is that if you alter your mind, the agency's probably not going to let you withdraw that resignation, and you are basically offering up 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 may this be an appealing offer?BERCOVICI: Folks near retirement need to be the most cautious since leaving earlier than meant can have serious consequences, potentially, 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 an excellent deal for people who do not wish to return to the office. Let me simply play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a recommendation 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 very kindly offering to pay them for 8 months.MARTIN: You're shaking your head no.BERCOVICI: It just - in a manner, it breaks my heart that federal staff members are being jerked around like this. It sends a signal to me that this return-to-office order remains in bad faith, that it's created to get folks who work truly tough to resign. I believe it's attempting to pull the wool over a great deal of people's eyes because there are no assurances. And these are individuals who love their job. They love the mission of the firm. They work hard. And today, smfsimple.com they're dealing with really tough choices, trade-britanica.trade especially if they're remote. I imply, it's extremely coercive.MARTIN: links.gtanet.com.br You say it's coercive. Because?BERCOVICI: Essentially, if you're someone who lives in Oregon and has been informed to report to D.C. or utahsyardsale.com else 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 simply to the offer itself? And if so, on what grounds?BERCOVICI: This deal, to be honest, is so unmatched that I believe a lot of us are still attempting to determine what to do with it. I'm not exactly sure if the deal itself might be challengeable. I think the larger question is the execution of these terms. I'm not mindful of any authority that exists today for OPM to buy agencies to offer this variety of individuals administrative leave. So I think it is quite possibly setting the stage for challenges because I feel OPM has actually significantly surpassed their authority.MARTIN: That is Michelle Bercovici. She is an employment legal representative with the Alden Law Group here in Washington, D.C. Thank you so much for signing up with us.BERCOVICI: Thank you so much for having me here.

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Reference: leonorreese01/zezobusiness#1