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+<br>MICHEL MARTIN, HOST: Federal employees have up until February 6 to choose whether to voluntarily leave their [jobs](http://profilsjob.com). The U.S. Office of Personnel Management, OPM, informed employees 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 till the end of September. Michelle Bercovici is an [employment](https://just-entry.com) attorney who represents federal staff members as a large part of her practice, so I asked her for her  about what OPM's deferred resignation program would really mean.MICHELLE BERCOVICI: I in fact don't consider it so much a deal. I think it's a request to resign with a vague promise that, potentially, you could be kept in administrative leave status for as much as eight months - however no guarantees.MARTIN: Some people have been using the term buyout to explain what this is due to the fact that 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 never explain it as a buyout. I think that's an extremely deceptive term to utilize in this scenario. When you consider a buyout, there's generally some sort of composed agreement or a concrete deal to provide an advantage in exchange for waiving particular rights. That is not the case here.MARTIN: If clients ask you for your suggestions, what are you informing them?BERCOVICI: First thing we tell them is workout extreme caution. There are no warranties contained in this email. The only thing I can tell you for specific is that if you change your mind, the company's probably not going to let you withdraw that resignation, and you are basically offering up control over a lot.MARTIN: Exists some classification of employee 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 since leaving earlier than intended can have severe consequences, potentially, on their benefits.MARTIN: Let me just play a clip from the White House press secretary, Karoline Leavitt. She told press reporters that this is a bargain for individuals who don't want to return to the workplace. Let me just play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a tip to federal workers that they need to return in - to work. And if they do not, then they have the option to resign, and this administration is really kindly offering to pay them for eight months.MARTIN: You're shaking your head no.BERCOVICI: It simply - in a manner, it breaks my heart that federal workers are being jerked around like this. It sends a signal to me that this return-to-office order remains in bad faith, that it's designed to get folks who work truly tough to resign. I believe 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 enjoy their job. They like the mission of the agency. They work hard. And today, they're facing really hard options, particularly if they're remote. I mean, it's really 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:  [gratisafhalen.be](https://gratisafhalen.be/author/paigemcarth/) Do you anticipate legal difficulties just to the offer itself? And if so, on what grounds?BERCOVICI: This offer, to be sincere, is so extraordinary that I believe a lot of us are still trying to find out what to do with it. I'm uncertain if the deal itself may be challengeable. I believe the larger concern is the execution of these terms. I'm not aware of any authority that exists today for OPM to purchase companies to give this variety of individuals administrative leave. So I think it is quite possibly setting the phase for challenges since I feel OPM has vastly exceeded their authority.MARTIN: That is Michelle Bercovici. She is an [employment](http://www.grainfather.co.nz) lawyer with the Alden Law Group here in Washington, D.C. Thank you a lot for signing up with us.BERCOVICI: Thank you so much for having me here.<br>
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