Beaznetwork

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

MICHEL MARTIN, HOST: Federal workers have until February 6 to choose 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 enabled to depart and be paid up until completion of September. Michelle Bercovici is a work lawyer who represents federal workers as a big part of her practice, so I asked her for somalibidders.com her interpretation about what OPM’s delayed resignation program would in fact mean.MICHELLE BERCOVICI: I in fact do not consider it a lot a deal. I believe it’s a request to resign with an unclear pledge that, potentially, you could be kept in administrative leave status for as much as eight months – but no guarantees.MARTIN: Some people have actually been using the term buyout to describe what this is since there seems to be the offer of administrative leave for approximately 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 very deceptive term to utilize in this situation. When you believe of a buyout, there’s typically some sort of composed arrangement or a concrete deal to provide a benefit in exchange for waiving specific rights. That is not the case here.MARTIN: If clients ask you for your guidance, what are you informing them?BERCOVICI: First thing we inform them is exercise severe caution. There are no guarantees consisted of in this email. The only thing I can tell you for certain is that if you alter your mind, the firm’s most likely not going to let you withdraw that resignation, and you are basically quiting control over a lot.MARTIN: Exists some category of staff member who you think 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 mindful due to the fact that leaving earlier than intended can have severe consequences, possibly, on their benefits.MARTIN: Let me simply play a clip from the White House press secretary, Karoline Leavitt. She told that this is a good deal for people who don’t desire 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 have to return in – to work. And if they don’t, then they have the alternative to resign, and this administration is really kindly providing to pay them for eight 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 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 tough to resign. I think it’s trying to pull the wool over a great deal of people’s eyes because there are no assurances. And these are people who like their job. They like the mission of the agency. They strive. And today, they’re dealing with really difficult options, specifically if they’re remote. I mean, it’s really coercive.MARTIN: You state it’s coercive. Because?BERCOVICI: Essentially, if you’re somebody who resides in Oregon and has been told 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 difficulties just to the offer itself? And if so, on what grounds?BERCOVICI: This offer, to be sincere, is so extraordinary that I think a lot of us are still trying to find out what to do with it. I’m uncertain if the offer itself might be challengeable. I think the bigger concern is the execution of these terms. I’m not familiar with any authority that exists today for OPM to purchase companies to give this number of people administrative leave. So I believe it is quite potentially setting the stage for obstacles due to the fact that I feel OPM has significantly exceeded their authority.MARTIN: That is Michelle Bercovici. She is an employment legal representative with the Alden Law Group here in Washington, referall.us D.C. Thank you so much for joining us.BERCOVICI: Thank you so much for having me here.

Copyright © 2025 NPR. All rights booked. Visit our site regards to use and consents pages at www.npr.org for further info.

NPR transcripts are produced on a rush due date by an NPR contractor. This text might not be in its last kind and might be upgraded or modified in the future. Accuracy and schedule may vary. The authoritative record of NPR’s programs is the audio record.