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

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

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-<br>MICHEL MARTIN, HOST: Federal workers have until February 6 to choose whether to willingly leave their [jobs](https://uk.cane-recruitment.com). The U.S. Office of Personnel Management, OPM, informed employees 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 till completion of September. Michelle Bercovici is an [employment](https://jobstaffs.com) legal representative who represents federal staff members as a big part of her practice, so I asked her for her analysis about what OPM's delayed resignation program would actually mean.MICHELLE BERCOVICI: I in fact don't consider it a lot an offer. I think it's a request to resign with a vague pledge that, possibly, you might be kept in administrative leave status for  [wiki.vst.hs-furtwangen.de](https://wiki.vst.hs-furtwangen.de/wiki/User:KathrynS59) up to eight months - however no guarantees.MARTIN: Some people have actually been utilizing the term buyout to explain what this is since there seems to be the offer of administrative leave for up to eight months if you take this offer. So is it a buyout?BERCOVICI: I would definitely not explain it as a buyout. I think that's a really deceptive term to use in this situation. When you consider a buyout, there's generally some sort of written agreement or a concrete deal to supply a benefit in exchange for waiving specific rights. That is not the case here.MARTIN: If customers ask you for your guidance, what are you informing them?BERCOVICI: First thing we tell them is exercise extreme care. There are no guarantees contained in this e-mail. The only thing I can inform 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 essentially quiting [control](https://aidesadomicile.ca) over a lot.MARTIN: Exists some category of employee who you think this might benefit? Maybe they're close to retirement. Is somebody like that might this be an attractive offer?BERCOVICI: Folks near retirement need to be the most careful because leaving earlier than planned can have major repercussions, potentially, on their benefits.MARTIN: Let me just play a clip from the White House press secretary, Karoline Leavitt. She informed reporters that this is a bargain for individuals who don't 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 have to return in - to work. And  [fillboards.com](https://fillboards.com/linette940) if they do not,  [trade-britanica.trade](https://trade-britanica.trade/wiki/User:FranciscoDeBeuze) then they have the option to resign, and this administration is extremely generously using to pay them for eight months.MARTIN: You're shaking your head no.BERCOVICI: It simply - in a method, it breaks my heart that federal workers 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 think it's trying to pull the wool over a great deal of people's eyes because there are no guarantees. And these are individuals who like their job. They enjoy the mission of the company. They work hard. And today, they're facing very tough choices, especially if they're remote. I imply, it's really coercive.MARTIN: You say it's coercive. Because?BERCOVICI: Essentially, if you're somebody who resides 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 option than to take this option.MARTIN: Do you expect legal challenges simply to the deal itself? And if so, on what grounds?BERCOVICI: This deal, to be truthful, is so extraordinary that I believe a great deal of us are still attempting to find out what to do with it. I'm not sure if the deal itself might be challengeable. I believe the larger question is the execution of these terms. I'm not familiar with any authority that exists today for OPM to order agencies to give this variety of individuals administrative leave. So I believe it is quite perhaps setting the stage for challenges since I  has actually greatly surpassed their authority.MARTIN: That is Michelle Bercovici. She is an [employment](https://equijob.de) attorney with the Alden Law Group here in Washington, D.C. Thank you a lot for joining us.BERCOVICI: Thank you a lot for having me here.<br>
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+<br>MICHEL MARTIN, HOST: Federal employees have until February 6 to choose whether to willingly leave their jobs. The U.S. Office of Personnel Management, OPM, notified employees 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 until completion of September. Michelle Bercovici is an [employment](https://www.jobultau.ro) 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 really mean.MICHELLE BERCOVICI: I in fact do not consider it a lot a deal. I think it's a request to resign with an unclear pledge that, possibly, you might be kept in administrative leave status for approximately eight months - but no guarantees.MARTIN: Some people have actually been utilizing the term buyout to describe what this is due to the fact that there seems 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 describe it as a buyout. I think that's a very misleading term to utilize in this situation. When you think about a buyout, there's usually some sort of composed contract or a concrete offer to supply a benefit in exchange for waiving particular 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 extreme caution. There are no assurances included in this e-mail. The only thing I can inform you for specific is that if you alter your mind, the agency's most likely not going to let you withdraw that resignation, and you are basically quiting control over a lot.MARTIN: Exists 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: Folks near retirement require to be the most careful because leaving earlier than meant can have severe repercussions, potentially, on their benefits.MARTIN: Let me just play a clip from the White House press secretary, Karoline Leavitt. She informed press reporters that this is a great deal for people who don't want 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  [employment](https://accc.rcec.sinica.edu.tw/mediawiki/index.php?title=User:EvieCotter466) if they don't, then they have the choice to resign, and this administration is really  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 workers](https://foris.gr) 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 hard to resign. I believe it's trying to pull the wool over a great deal of people's eyes because there are no assurances. And  [employment](https://www.atlantistechnical.com/employer/jobster/) these are people who enjoy their [job](https://dolphinplacements.com). They enjoy the objective of the agency. They work hard. And today, they're dealing with very difficult choices, especially if they're remote. I imply,  [employment](https://investsolutions.org.uk/employer/cane-recruitment/) it's very [coercive](http://kanghexin.work3000).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. or else we're going to fire you, they might feel that they have no option than to take this option.MARTIN: Do you prepare for legal difficulties just to the deal itself? And  [employment](https://classifieds.ocala-news.com/author/lanny07z08) if so, on what grounds?BERCOVICI: This offer, to be honest, is so unmatched that I think a great deal of us are still attempting to determine what to do with it. I'm uncertain if the offer itself might be challengeable. I think the larger concern is the execution of these terms. I'm not knowledgeable about any authority that exists today for OPM to order agencies to offer this number of individuals administrative leave. So I think it is really much possibly setting the stage for obstacles since I feel OPM has vastly exceeded their authority.MARTIN:  [employment](http://www.annunciogratis.net/author/eddymocatta) That is Michelle Bercovici. She is an [employment](https://ckzink.com) lawyer with the Alden Law Group here in Washington, D.C. Thank you a lot for signing up with us.BERCOVICI: Thank you so much for having me here.<br>
+<br>Copyright © 2025 NPR. All rights scheduled. Visit our website regards to usage and  [employment](https://scientific-programs.science/wiki/User:GiuseppeHogarth) permissions pages at www.npr.org for further information.<br>
+<br>NPR records are produced on a rush deadline by an NPR professional. This text may not be in its final type and might be updated or modified in the future. Accuracy and accessibility may vary. The reliable record of NPR's programs is the audio record.<br>