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  • Дата на основаване юни 25, 2003
  • Сектори Изкуство, Развлечение, Промоции
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Employment Lawyer Discusses what Trump Offer to Federal Employees to Resign Would Do

MICHEL MARTIN, HOST: Federal workers have up until February 6 to decide whether to willingly leave their jobs. The U.S. Office of Personnel Management, OPM, employment notified employees on Tuesday that if they hand employment in their resignation by next Thursday – that’s less than a week from now – most will be allowed to depart and be paid until completion of September. Michelle Bercovici is an employment 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 actually mean.MICHELLE BERCOVICI: I actually don’t consider it so much an offer. I believe it’s a request to resign with a vague promise that, potentially, you might be kept in administrative leave status for up to eight months – but no guarantees.MARTIN: Some people have been using the term buyout to explain what this is because there seems to be the offer of administrative leave for as much as 8 months if you take this deal. So is it a buyout?BERCOVICI: I would definitely not describe it as a buyout. I think that’s a very deceptive term to use in this situation. When you consider a buyout, there’s usually some sort of composed agreement or a concrete offer to offer a benefit in exchange for waiving specific rights. That is not the case here.MARTIN: If customers ask you for your suggestions, what are you telling them?BERCOVICI: First thing we tell them is exercise extreme 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 agency’s probably not going to let you withdraw that resignation, and you are basically providing up control over a lot.MARTIN: Exists some classification of staff member who you believe this might benefit? Maybe they’re close to retirement. Is someone like that might this be an attractive offer?BERCOVICI: Folks near retirement require to be the most cautious because leaving earlier than planned can have severe repercussions, potentially, employment 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 bargain for people who do not desire to go back 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 if they don’t, then they have the choice to resign, and this administration is really generously offering to pay them for 8 months.MARTIN: You’re 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 developed to get folks who work actually hard to resign. I believe it’s attempting to pull the wool over a great deal of individuals’s eyes because there are no assurances. And these are people who love their job. They enjoy the objective of the firm. They work hard. And today, employment they’re dealing with really hard options, specifically if they’re remote. I mean, it’s extremely 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. 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 offer itself? And if so, on what grounds?BERCOVICI: This deal, to be truthful, is so extraordinary 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 believe the bigger concern is the execution of these terms. I’m not knowledgeable about any authority that exists right now for OPM to order companies to give this variety of people administrative leave. So I think it is quite perhaps setting the phase for challenges since I feel OPM has actually significantly surpassed their authority.MARTIN: employment That is Michelle Bercovici. She is a work lawyer with the Alden Law Group here in Washington, employment D.C. Thank you a lot for joining us.BERCOVICI: Thank you a lot for having me here.

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