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MICHEL MARTIN, HOST: Federal staff members have up until February 6 to choose whether to willingly leave their jobs. The U.S. Office of Personnel Management, OPM, notified employees 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 take leave and be paid till completion of September. Michelle Bercovici is a work legal representative who represents federal staff members as a big part of her practice, so I asked her for her interpretation about what OPM's delayed resignation program would in fact mean.MICHELLE BERCOVICI: I actually don't consider it a lot an offer. I think it's a demand to resign with an unclear promise that, possibly, you might be kept in administrative leave status for up to 8 months - however no guarantees.MARTIN: Some individuals have been using the term buyout to explain what this is since there seems to be the offer of administrative leave for approximately 8 months if you take this offer. So is it a buyout?BERCOVICI: I would absolutely not explain it as a buyout. I believe that's an extremely deceptive term to utilize in this . When you think of a buyout, there's generally some sort of composed agreement or a concrete offer to offer an advantage in exchange for waiving specific rights. That is not the case here.MARTIN: If clients ask you for your guidance, what are you informing them?BERCOVICI: First thing we tell them is workout severe care. There are no guarantees included in this e-mail. The only thing I can tell 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 basically giving up control over a lot.MARTIN: Exists some category of worker who you think this might benefit? Maybe they're close to retirement. Is somebody like that might this be an appealing offer?BERCOVICI: Folks near retirement require to be the most cautious since leaving earlier than meant can have severe repercussions, potentially, on their benefits.MARTIN: Let me just play a clip from the White House press secretary, Karoline Leavitt. She told reporters that this is a great deal for people who don't desire to go back to the office. Let me simply play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is an idea to federal employees that they have to return in - to work. And if they do not, then they have the alternative to resign, and this administration is extremely generously offering to pay them for eight months.MARTIN: You're shaking your head no.BERCOVICI: It just - in a method, it breaks my heart that federal employees 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 developed to get folks who work truly tough to resign. I believe it's trying to pull the wool over a great deal of individuals's eyes since there are no guarantees. And these are people who like their task. They enjoy the mission of the firm. They strive. And today, they're dealing with extremely tough choices, particularly if they're remote. I mean, it's really coercive.MARTIN: You state it's coercive. Because?BERCOVICI: Essentially, if you're someone who lives 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 challenges simply to the offer itself? And if so, on what grounds?BERCOVICI: This offer, to be truthful, is so unprecedented that I believe a great deal of us are still trying to determine what to do with it. I'm uncertain if the offer itself might be challengeable. I think the bigger question is the execution of these terms. I'm not knowledgeable about any authority that exists right now for OPM to buy companies to provide this variety of people administrative leave. So I believe it is extremely much potentially setting the stage for difficulties since I feel OPM has greatly exceeded their authority.MARTIN: That is Michelle Bercovici. She is an employment lawyer with the Alden Law Group here in Washington, D.C. Thank you so much for signing up with us.BERCOVICI: Thank you a lot for having me here.

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