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

MICHEL MARTIN, HOST: Federal employees have until February 6 to decide 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 permitted to depart and be paid until completion of September. Michelle Bercovici is an employment legal representative who represents federal staff members as a large part of her practice, so I asked her for her analysis about what OPM’s delayed resignation program would actually mean.MICHELLE BERCOVICI: I really don’t consider it a lot a deal. I think it’s a request to resign with a vague pledge that, possibly, you might be kept in administrative leave status for approximately 8 months – however no guarantees.MARTIN: Some individuals have actually been using the term buyout to describe what this is because there seems to be the deal of administrative leave for up to eight months if you take this offer. So is it a buyout?BERCOVICI: I would absolutely not explain it as a buyout. I believe that’s a really deceptive term to use in this scenario. When you consider a buyout, there’s usually some sort of composed arrangement or a concrete deal to provide a benefit in exchange for waiving certain rights. That is not the case here.MARTIN: If customers ask you for your recommendations, what are you informing them?BERCOVICI: First thing we inform them is exercise extreme care. There are no assurances consisted of in this e-mail. The only thing I can inform you for specific is that if you change your mind, the firm’s probably not going to let you withdraw that resignation, and you are essentially 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 someone like that might this be an attractive offer?BERCOVICI: Folks near retirement require to be the most careful due to the fact that earlier than planned can have severe effects, possibly, 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 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 tip to federal employees that they have to return in – to work. And if they do not, then they have the option to resign, and this administration is very kindly offering 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 staff members are being jerked around like this. It sends a signal to me that this return-to-office order is in bad faith, that it’s developed to get folks who work actually tough to resign. I think it’s trying to pull the wool over a great deal of individuals’s eyes due to the fact that there are no assurances. And these are individuals who love their task. They love the objective of the company. They strive. And right now, they’re dealing with extremely hard choices, specifically if they’re remote. I indicate, it’s extremely coercive.MARTIN: You say 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 expect legal challenges simply to the deal itself? And if so, on what grounds?BERCOVICI: referall.us This offer, to be sincere, is so unprecedented that I think a lot of us are still attempting to find out what to do with it. I’m uncertain if the deal itself might be challengeable. I think the bigger question is the execution of these terms. I’m not familiar with any authority that exists right now for OPM to order firms to offer this variety of individuals administrative leave. So I believe it is really much potentially setting the phase for challenges since I feel OPM has greatly exceeded their authority.MARTIN: That is Michelle Bercovici. She is an employment lawyer with the Alden Law Group here in Washington, D.C. Thank you a lot for signing up with us.BERCOVICI: Thank you a lot for having me here.

Copyright © 2025 NPR. All rights booked. Visit our website terms of use and approvals pages at www.npr.org for additional information.

NPR transcripts are created on a rush due date by an NPR professional. This text might not be in its last kind and might be updated or revised in the future. Accuracy and accessibility may vary. The reliable record of NPR’s shows is the audio record.