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MICHEL MARTIN, HOST: Federal workers have until February 6 to decide whether to voluntarily leave their jobs. The U.S. Office of Personnel Management, employment 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 enabled to depart and be paid until completion of September. Michelle Bercovici is an employment lawyer who represents federal staff members as a big part of her practice, so I asked her for her analysis about what OPM's deferred resignation program would in fact mean.MICHELLE BERCOVICI: I in fact do not consider it so much a deal. I believe it's a request to resign with a vague guarantee that, possibly, you might be kept in administrative leave status for approximately 8 months - however no guarantees.MARTIN: Some individuals have been utilizing the term buyout to explain what this is because there appears to be the deal of administrative leave for up to eight months if you take this deal. So is it a buyout?BERCOVICI: I would definitely not describe it as a buyout. I think that's a really misleading term to use in this circumstance. When you consider a buyout, there's typically some sort of composed agreement or a concrete deal to supply a benefit in exchange for waiving specific rights. That is not the case here.MARTIN: If clients ask you for your recommendations, what are you telling them?BERCOVICI: First thing we tell them is exercise extreme care. There are no assurances included in this email. The only thing I can tell you for particular is that if you alter your mind, the agency's most likely not going to let you withdraw that resignation, and you are essentially providing up control over a lot.MARTIN: Is there some classification of staff member who you think this might benefit? Maybe they're close to retirement. Is someone like that might this be an appealing offer?BERCOVICI: Folks near retirement require to be the most mindful since leaving earlier than meant can have major effects, possibly, 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 people who don't wish to return to the office. Let me just play it.( OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a recommendation to federal employees that they have to return in - to work. And if they do not, then they have the choice to resign, and this administration is very generously providing to pay them for 8 months.MARTIN: You're shaking your head no.BERCOVICI: It simply - in such a way, it breaks my heart that federal staff members are being jerked around like this. It sends out a signal to me that this return-to-office order remains in bad faith, employment that it's developed to get folks who work really tough to resign. I believe it's attempting to pull the wool over a great deal of individuals's eyes due to the fact that there are no guarantees. And these are individuals who enjoy their job. They like the mission of the agency. They strive. And right now, they're facing very hard choices, especially if they're remote. I indicate, it's really coercive.MARTIN: You say it's coercive. Because?BERCOVICI: Essentially, if you're someone 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 anticipate legal difficulties just to the deal itself? And if so, on what grounds?BERCOVICI: This offer, to be truthful, is so extraordinary that I think a lot of us are still trying to figure 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 knowledgeable about any authority that exists right now for OPM to buy firms to offer this variety of individuals administrative leave. So I believe it is quite potentially setting the stage for difficulties because I feel OPM has greatly 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 signing up with us.BERCOVICI: Thank you so much for having me here.

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