MICHEL MARTIN, HOST: Federal workers have up until February 6 to decide whether to voluntarily leave their jobs. 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 till the end of September. Michelle Bercovici is a work lawyer who represents federal staff members as a big part of her practice, so I asked her for her interpretation about what OPM's deferred resignation program would in fact mean.MICHELLE BERCOVICI: I really do not consider it a lot a deal. I think it's a request to resign with a vague guarantee that, possibly, you might be kept in administrative leave status for up to eight months - however no guarantees.MARTIN: Some individuals have been using the term buyout to describe what this is due to the fact that there seems to be the deal of administrative leave for as much as eight months if you take this deal. So is it a buyout?BERCOVICI: job I would never explain it as a buyout. I believe that's a really deceptive term to utilize in this circumstance. When you think of a buyout, there's normally some sort of written contract or a concrete offer to provide a benefit in exchange for waiving particular rights. That is not the case here.MARTIN: If customers ask you for your suggestions, what are you informing them?BERCOVICI: First thing we tell them is workout extreme caution. There are no assurances contained in this e-mail. The only thing I can inform you for specific is that if you alter 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 category of staff member who you think this might benefit? Maybe they're close to retirement. Is someone like that might this be an attractive offer?BERCOVICI: job Folks near retirement need to be the most mindful since leaving earlier than intended can have serious repercussions, possibly, job on their benefits.MARTIN: Let me simply play a clip from the White House press secretary, Karoline Leavitt. She told reporters that this is a bargain for people who don't wish to return to the workplace. Let me simply play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a recommendation to federal employees that they have to return in - to work. And if they don't, then they have the choice to resign, and this administration is really kindly using to pay them for eight months.MARTIN: You're shaking your head no.BERCOVICI: It just - in a way, 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 is in bad faith, that it's designed to get folks who work really 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 love the objective of the agency. They strive. And today, they're dealing with really hard options, specifically if they're remote. I imply, it's very 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 choice than to take this option.MARTIN: Do you prepare for legal obstacles simply to the offer itself? And if so, on what grounds?BERCOVICI: This deal, to be honest, is so extraordinary that I believe a lot of us are still attempting to find out what to do with it. I'm not exactly sure if the deal itself may be challengeable. I think the bigger question is the execution of these terms. I'm not familiar with any authority that exists today for OPM to order agencies to offer this variety of people administrative leave. So I believe it is really much potentially setting the stage for challenges because I feel OPM has actually greatly exceeded 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 a lot for signing up with us.BERCOVICI: Thank you so much for having me here.

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