MICHEL MARTIN, HOST: Federal staff members have till February 6 to decide whether to voluntarily leave their tasks. The U.S. Office of Personnel Management, OPM, notified workers 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 depart and be paid until the end of September. Michelle Bercovici is an employment attorney who represents federal employees as a big part of her practice, so I asked her for her interpretation about what OPM's delayed resignation program would actually mean.MICHELLE BERCOVICI: I actually don't consider it so much a deal. I think it's a demand to resign with a vague pledge that, potentially, you could be kept in administrative leave status for approximately eight months - however no guarantees.MARTIN: Some people have actually been using the term buyout to describe what this is since there appears to be the offer of administrative leave for approximately eight months if you take this offer. So is it a buyout?BERCOVICI: I would absolutely not describe it as a buyout. I think that's an extremely misleading term to utilize in this circumstance. When you believe of a buyout, there's typically some sort of written agreement or a concrete deal to supply an advantage in exchange for waiving specific rights. That is not the case here.MARTIN: If customers ask you for your suggestions, what are you informing them?BERCOVICI: First thing we inform them is workout severe care. There are no warranties included in this email. 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 essentially quiting 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 attractive offer?BERCOVICI: Folks near retirement need to be the most mindful because leaving earlier than planned can have serious repercussions, possibly, 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 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 an idea to federal workers that they need to return in - to work. And if they do not, then they have the choice to resign, and this administration is very kindly offering to pay them for eight months.MARTIN: You're shaking your head no.BERCOVICI: It simply - 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, that it's to get folks who work really difficult to resign. I think it's attempting to pull the wool over a lot of individuals's eyes because there are no assurances. And these are people who like their job. They enjoy the mission of the firm. They strive. And today, they're facing extremely difficult options, particularly if they're remote. I mean, it's really coercive.MARTIN: You state it's coercive. Because?BERCOVICI: employment Essentially, if you're somebody who lives in Oregon and has been told 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 expect legal challenges simply to the deal itself? And if so, on what grounds?BERCOVICI: This offer, to be truthful, is so extraordinary that I believe a great deal of us are still trying to determine what to do with it. I'm not sure if the deal itself might be challengeable. I think the larger concern is the execution of these terms. I'm not aware of any authority that exists today for OPM to order agencies to offer this variety of people administrative leave. So I think it is quite potentially setting the phase for difficulties since I feel OPM has actually significantly 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 so much for joining us.BERCOVICI: Thank you so much for having me here.

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