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MICHEL MARTIN, HOST: Federal employees have up until February 6 to decide whether to willingly leave their jobs. 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 allowed to depart and be paid until completion of September. Michelle Bercovici is an employment legal representative who represents federal workers as a large part of her practice, so I asked her for her interpretation about what OPM's postponed resignation program would really mean.MICHELLE BERCOVICI: I actually do not consider it so much a deal. I think it's a request to resign with a vague promise that, possibly, you might be kept in administrative leave status for approximately eight months - however no guarantees.MARTIN: Some individuals have actually been using the term buyout to explain what this is because there seems to be the deal of administrative leave for employment approximately 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 an extremely deceptive term to utilize in this situation. When you think about a buyout, there's typically some sort of composed agreement or a concrete deal to offer an advantage in exchange for waiving certain rights. That is not the case here.MARTIN: If customers ask you for your suggestions, what are you telling them?BERCOVICI: First thing we tell them is workout severe care. There are no assurances contained in this email. The only thing I can tell you for particular is that if you alter your mind, the agency's probably not going to let you that resignation, and you are essentially giving up control over a lot.MARTIN: Exists some classification of employee 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 need to be the most careful because leaving earlier than meant can have severe effects, potentially, on their benefits.MARTIN: Let me just play a clip from the White House press secretary, Karoline Leavitt. She informed reporters that this is a good deal for individuals who don't desire to go back to the workplace. Let me just play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a recommendation to federal employees that they need to return in - to work. And if they do not, then they have the alternative to resign, and this administration is really generously using to pay them for 8 months.MARTIN: You're shaking your head no.BERCOVICI: It just - in such 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, employment that it's created 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 people who enjoy their task. They enjoy the mission of the agency. They work hard. And right now, they're facing really hard options, especially if they're remote. I imply, it's very coercive.MARTIN: You state it's coercive. Because?BERCOVICI: Essentially, if you're somebody who lives 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 difficulties simply to the offer itself? And if so, on what grounds?BERCOVICI: This offer, to be sincere, is so unprecedented that I think a lot of us are still trying to find out what to do with it. I'm unsure if the offer itself may be challengeable. I think the bigger concern is the execution of these terms. I'm not aware of any authority that exists right now for OPM to purchase firms to give this variety of people administrative leave. So I think it is quite possibly setting the stage for obstacles due to the fact that I feel OPM has actually significantly surpassed their authority.MARTIN: That is Michelle Bercovici. She is a work legal representative with the Alden Law Group here in Washington, D.C. Thank you so much for joining us.BERCOVICI: Thank you a lot for having me here.

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