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MICHEL MARTIN, HOST: Federal staff members have till February 6 to choose whether to willingly leave their jobs. The U.S. Office of Personnel Management, OPM, informed 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 depart and be paid up until the end of September. Michelle Bercovici is an employment attorney who represents federal workers as a big part of her practice, so I asked her for her interpretation about what OPM's deferred resignation program would really mean.MICHELLE BERCOVICI: I in fact do not consider it so much an offer. I believe it's a request to resign with an unclear promise that, possibly, you might be kept in administrative leave status for approximately eight months - however no guarantees.MARTIN: Some individuals have been using the term buyout to describe what this is since there appears to be the offer of administrative leave for approximately 8 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 really deceptive term to utilize in this situation. When you consider a buyout, there's generally some sort of written contract or a concrete deal to provide a benefit in exchange for waiving particular rights. That is not the case here.MARTIN: If customers ask you for employment your suggestions, what are you telling them?BERCOVICI: First thing we tell them is workout severe care. There are no warranties consisted of in this e-mail. The only thing I can tell you for certain is that if you change your mind, the firm's probably not going to let you withdraw that resignation, and you are basically quiting control over a lot.MARTIN: Exists some category of worker who you believe this might benefit? Maybe they're close to retirement. Is somebody like that may this be an appealing offer?BERCOVICI: Folks near retirement require to be the most mindful due to the fact that leaving earlier than intended can have major consequences, potentially, on their benefits.MARTIN: Let me simply play a clip from the White House press secretary, Karoline Leavitt. She told press reporters that this is a bargain for individuals who do not want to return to the workplace. Let me simply play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a suggestion 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 very generously using 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 workers are being jerked around like this. It sends out a signal to me that this return-to-office order remains in bad faith, that it's developed to get folks who work actually tough to resign. I think it's attempting to pull the wool over a great deal of people's eyes due to the fact that there are no warranties. And these are individuals who like their job. They like the mission of the firm. They work hard. And today, they're tough choices, specifically if they're remote. I suggest, it's very coercive.MARTIN: employment You say it's coercive. Because?BERCOVICI: Essentially, if you're someone who lives 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 obstacles just to the deal itself? And if so, employment on what grounds?BERCOVICI: This deal, to be truthful, is so unmatched that I think a great deal of us are still trying to find out what to do with it. I'm not sure if the offer itself might be challengeable. I believe the larger question is the execution of these terms. I'm not mindful of any authority that exists right now for OPM to purchase agencies to give this variety of people administrative leave. So I think it is extremely much perhaps setting the stage for employment challenges because I feel OPM has vastly 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 employment joining us.BERCOVICI: Thank you a lot for having me here.

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