MEGAN MCARDLE ON THE OBAMA ADMINISTRATION’S LAYOFF-NOTICE FLIMFLAMMERY:
Presumably the purpose of the law is not to create legal fees; it is to give employees notice of potential layoffs so that they can arrange their finances and otherwise plan for the hard times that may be coming down the road. If the Obama administration does not think that employees should have notice of these potential dangers, then it should say so forthrightly, and try to get this very bad law repealed. On the other hand, if it thinks that maybe it’s a good thing for employees to have advanced notice that they might soon not have a paycheck, then it seems odd to first, pressure contractors not to send those notices, and second, offer to help the contractors avoid paying any legal damages that their failure might have incurred.
Now, the administration argues that the notices aren’t required, because the sequester might not happen. But that’s a matter for the court to determine, not the administration. If the administration is correct, then there should be no need to sweeten the pot. But if there is a real risk that employees will win a lawsuit, then it seems wrong to put the taxpayers on the hook for what is essentially an Obama campaign expense.
Wrong? Maybe. But it’s also their core approach in all sorts of ways.