MICHEL MARTIN, HOST: Federal workers have till February 6 to choose whether to voluntarily leave their tasks. The U.S. Office of Personnel Management, 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 the end of September. Michelle Bercovici is an employment attorney who represents federal workers as a big part of her practice, so I asked her for her interpretation about what OPM's deferred resignation program would actually mean.MICHELLE BERCOVICI: I really don't consider it a lot an offer. I think it's a demand to resign with a vague promise that, potentially, you could be kept in administrative leave status for as much as 8 months - however no guarantees.MARTIN: Some individuals have been utilizing the term buyout to describe 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 offer. So is it a buyout?BERCOVICI: I would never explain it as a buyout. I believe that's a very deceptive term to utilize in this circumstance. When you consider a buyout, there's normally some sort of written agreement or a concrete offer to provide an advantage in exchange for waiving certain rights. That is not the case here.MARTIN: If clients ask you for your recommendations, employment what are you telling them?BERCOVICI: First thing we inform them is workout severe care. There are no guarantees consisted of in this e-mail. The only thing I can tell you for specific is that if you change your mind, the firm's probably not going to let you withdraw that resignation, and you are basically quiting control over a lot.MARTIN: Exists some category of employee who you think this might benefit? Maybe they're close to retirement. Is somebody like that may this be an appealing offer?BERCOVICI: Folks near retirement need to be the most cautious due to the fact that leaving earlier than planned can have major repercussions, 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 do not wish to return to the office. Let me simply play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a tip to federal employees that they need to return in - to work. And if they don't, then they have the option to resign, employment and this administration is extremely kindly providing to pay them for eight months.MARTIN: You're shaking your head no.BERCOVICI: It simply - in a way, it breaks my heart that federal staff members 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 created to get folks who work actually hard 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 assurances. And these are individuals who enjoy their job. They love the mission of the company. They strive. And today, they're dealing with very tough choices, particularly if they're remote. I indicate, it's very coercive.MARTIN: You say it's coercive. Because?BERCOVICI: Essentially, if you're someone who resides in Oregon and has been informed 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 difficulties simply to the offer itself? And if so, employment on what grounds?BERCOVICI: This offer, to be truthful, is so extraordinary that I believe a great deal of us are still attempting to find out what to do with it. I'm not sure if the deal itself might be challengeable. I think the larger question is the execution of these terms. I'm not familiar with any authority that exists today for OPM to purchase firms to offer this variety of people administrative leave. So I believe it is quite potentially setting the phase for difficulties because I feel OPM has significantly 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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