MICHEL MARTIN, HOST: Federal workers have till February 6 to decide whether to voluntarily leave their jobs. The U.S. Office of Personnel Management, OPM, notified 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 till completion of September. Michelle Bercovici is an employment lawyer who represents federal workers as a big part of her practice, so I asked her for her interpretation about what OPM’s postponed resignation program would actually mean.MICHELLE BERCOVICI: I actually do not consider it so much a deal. I believe it’s a request to resign with a vague promise that, potentially, you might be kept in administrative leave status for approximately 8 months – but no guarantees.MARTIN: Some people have actually been using the term buyout to explain what this is since there appears to be the offer of administrative leave for as much as eight months if you take this offer. So is it a buyout?BERCOVICI: I would never explain it as a buyout. I believe that’s a very misleading term to use in this situation. When you think about a buyout, there’s usually some sort of composed arrangement or a concrete offer to provide an advantage in exchange for waiving certain rights. That is not the case here.MARTIN: employment If customers ask you for your advice, what are you telling them?BERCOVICI: First thing we tell them is workout severe caution. There are no guarantees included in this email. The only thing I can tell you for particular is that if you alter your mind, the company’s most likely not going to let you withdraw that resignation, and you are basically giving up control over a lot.MARTIN: Exists some classification of worker who you believe this might benefit? Maybe they’re close to retirement. Is someone like that may this be an appealing offer?BERCOVICI: Folks near retirement require to be the most careful because leaving earlier than meant can have severe consequences, employment 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 a good deal for individuals who do not wish to return to the office. Let me just 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 do not, then they have the alternative to resign, employment and this administration is very kindly providing 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 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 actually difficult to resign. I believe it’s to pull the wool over a great deal of people’s eyes because there are no guarantees. And these are people who love their task. They like the objective of the firm. They strive. And right now, they’re facing really hard choices, specifically if they’re remote. I suggest, it’s very coercive.MARTIN: You say it’s coercive. Because?BERCOVICI: Essentially, if you’re someone who resides 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 option than to take this option.MARTIN: Do you anticipate legal challenges simply to the offer itself? And if so, on what grounds?BERCOVICI: employment This offer, to be honest, is so unprecedented that I believe a lot of us are still trying to figure out what to do with it. I’m uncertain if the offer itself may be challengeable. I think the bigger question is the execution of these terms. I’m not knowledgeable about any authority that exists right now for employment OPM to buy firms to give this number of individuals administrative leave. So I believe it is extremely much potentially setting the stage for obstacles since I feel OPM has actually greatly exceeded 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 a lot for employment signing up with us.BERCOVICI: Thank you a lot for having me here.

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