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  • Дата на основаване септември 20, 1934
  • Сектори Застрахователна дейност
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Employment Lawyer Discusses what Trump Offer to Federal Employees to Resign Would Do

MICHEL MARTIN, HOST: Federal staff members have until 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 allowed to take leave and be paid up until completion of September. Michelle Bercovici is a work lawyer who represents federal employees as a large part of her practice, so I asked her for her analysis about what OPM’s deferred 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 an unclear promise that, job possibly, you might be kept in administrative leave status for approximately 8 months – but no guarantees.MARTIN: Some individuals have been using the term buyout to explain what this is because 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 never describe it as a buyout. I think that’s a really deceptive term to utilize in this situation. When you think about a buyout, there’s usually some sort of written contract or a concrete offer to offer a benefit in exchange for waiving certain rights. That is not the case here.MARTIN: If customers ask you for your guidance, what are you telling them?BERCOVICI: First thing we tell them is workout extreme care. There are no assurances consisted of in this email. The only thing I can tell you for certain is that if you alter your mind, the company’s most likely not going to let you withdraw that resignation, and you are essentially 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 appealing offer?BERCOVICI: Folks near retirement need to be the most careful since leaving earlier than meant can have severe repercussions, possibly, on their benefits.MARTIN: Let me just play a clip from the White House press secretary, Karoline Leavitt. She told press reporters that this is a bargain for people who don’t want to return to the workplace. Let me simply play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: job This is a suggestion to federal employees that they need to return in – to work. And if they do not, then they have the option to resign, and this administration is really kindly offering to pay them for job eight months.MARTIN: You’re shaking your head no.BERCOVICI: job It just – in a method, it breaks my heart that members are being jerked around like this. It sends out a signal to me that this return-to-office order is in bad faith, job that it’s created to get folks who work truly tough to resign. I believe it’s trying to pull the wool over a great deal of people’s eyes since there are no warranties. And job these are individuals who love their job. They enjoy the objective of the firm. They strive. And right now, they’re dealing with very tough choices, specifically if they’re remote. I indicate, it’s extremely 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 choice than to take this option.MARTIN: Do you anticipate legal obstacles just to the offer itself? And if so, on what grounds?BERCOVICI: This offer, to be sincere, is so extraordinary that I think a great deal of us are still trying to find out what to do with it. I’m uncertain if the offer itself might be challengeable. I believe the bigger question is the execution of these terms. I’m not aware of any authority that exists today for OPM to purchase firms to give this number of individuals administrative leave. So I think it is quite possibly setting the stage for obstacles due to the fact that I feel OPM has greatly exceeded their authority.MARTIN: That is Michelle Bercovici. She is a work 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.

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