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MICHEL MARTIN, HOST: Federal staff members have till February 6 to choose 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 depart and be paid up until the end of September. Michelle Bercovici is an employment lawyer who represents federal employees 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 do not consider it a lot an offer. I think it's a demand to resign with a vague pledge that, job possibly, you might be kept in administrative leave status for as much as 8 months - however no guarantees.MARTIN: Some individuals have actually been utilizing the term buyout to describe what this is because there seems to be the deal of administrative leave for approximately eight months if you take this deal. So is it a buyout?BERCOVICI: I would definitely not explain it as a buyout. I believe that's an extremely deceptive term to utilize in this circumstance. When you consider a buyout, there's normally some sort of composed contract 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 workout extreme care. There are no warranties contained in this email. The only thing I can tell you for particular is that if you change your mind, the agency's most likely not going to let you withdraw that resignation, and you are essentially quiting control over a lot.MARTIN: Exists some classification of worker who you think this might benefit? Maybe they're close to retirement. Is somebody like that might this be an appealing offer?BERCOVICI: Folks near retirement require to be the most careful due to the fact that leaving earlier than meant can have serious consequences, possibly, on their benefits.MARTIN: Let me just play a clip from the White House press secretary, Karoline Leavitt. She told reporters that this is a good deal for people who don't desire to go back to the office. Let me just play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is an idea to federal workers that they need to return in - to work. And if they do not, then they have the alternative 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 way, job 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 remains in bad faith, that it's developed to get folks who work truly hard to resign. I think it's attempting to pull the wool over a lot of individuals's eyes since there are no assurances. And these are individuals who enjoy their job. They like the mission of the agency. They strive. And today, they're dealing with really difficult choices, specifically if they're remote. I mean, it's very coercive.MARTIN: You state it's coercive. Because?BERCOVICI: Essentially, if you're someone who lives in Oregon and has been told to report to D.C. or else we're going to fire you, they might feel that they have no choice than to take this option.MARTIN: Do you prepare for legal obstacles just to the deal itself? And if so, on what grounds?BERCOVICI: This offer, to be honest, is so extraordinary that I believe a great deal of us are still trying to determine what to do with it. I'm uncertain if the deal itself might be challengeable. I believe the bigger question 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 number of individuals administrative leave. So I think it is quite perhaps setting the stage for difficulties because I feel OPM has vastly surpassed their authority.MARTIN: That is Michelle Bercovici. She is an employment legal representative with the Alden Law Group here in Washington, D.C. Thank you so much for joining us.BERCOVICI: Thank you a lot for having me here.

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