MICHEL MARTIN, HOST: Federal workers have up until February 6 to choose whether to willingly leave their tasks. 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 permitted to take leave and be paid until the end of September. Michelle Bercovici is an employment lawyer who represents federal staff members as a large part of her practice, so I asked her for employment her analysis about what OPM's delayed resignation program would actually mean.MICHELLE BERCOVICI: I in fact don't consider it a lot a deal. I believe it's a demand to resign with an unclear promise that, potentially, you might be kept in administrative leave status for employment approximately eight months - but no guarantees.MARTIN: Some people have been using the term buyout to describe what this is since there seems to be the offer of administrative leave for up to eight months if you take this offer. So is it a buyout?BERCOVICI: I would never describe it as a buyout. I believe that's a very deceptive term to use in this scenario. When you believe of a buyout, there's usually some sort of written contract or a concrete deal to supply a benefit in exchange for waiving particular rights. That is not the case here.MARTIN: If customers ask you for your recommendations, what are you informing them?BERCOVICI: employment First thing we tell them is workout severe care. There are no assurances included in this e-mail. The only thing I can inform you for employment specific is that if you alter your mind, the company's most likely not going to let you withdraw that resignation, and you are basically providing up control over a lot.MARTIN: Is there some category of staff member who you think this might benefit? Maybe they're close to retirement. Is somebody like that may this be an attractive offer?BERCOVICI: Folks near retirement need to be the most mindful since leaving earlier than intended can have serious consequences, possibly, on their benefits.MARTIN: Let me simply play a clip from the White House press secretary, Karoline Leavitt. She informed reporters that this is a bargain for people who do not want to go back to the office. Let me simply 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 don't, then they have the alternative to resign, and this administration is really kindly providing to pay them for eight months.MARTIN: You're shaking your head no.BERCOVICI: It simply - in such a way, employment 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 is in bad faith, that it's created to get folks who work truly tough to resign. I think it's trying to pull the wool over a great deal of individuals's eyes because there are no assurances. And these are people who enjoy their task. They like the mission of the agency. They work hard. And right now, they're facing very difficult choices, employment specifically if they're remote. I suggest, it's very 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 choice than to take this option.MARTIN: Do you expect legal obstacles simply to the offer itself? And if so, on what grounds?BERCOVICI: This offer, to be honest, is so unmatched that I believe a great deal of us are still trying to figure out what to do with it. I'm not exactly sure if the offer itself may be challengeable. I believe the bigger concern is the execution of these terms. I'm not knowledgeable about any authority that exists today for OPM to buy firms to offer this number of people administrative leave. So I think it is extremely much potentially setting the phase for challenges since I feel OPM has vastly exceeded their authority.MARTIN: That is Michelle Bercovici. She is a work attorney with the Alden Law Group here in Washington, D.C. Thank you a lot for joining us.BERCOVICI: Thank you a lot for having me here.

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