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MICHEL MARTIN, HOST: Federal staff members have up until February 6 to decide whether to willingly leave their jobs. 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 allowed to take leave and be paid up until the end of September. Michelle Bercovici is an employment lawyer who represents federal employees as a big part of her practice, so I asked her for her analysis about what OPM's deferred resignation program would actually mean.MICHELLE BERCOVICI: I really do not consider it so much a deal. I believe it's a demand to resign with an unclear promise that, potentially, you might be kept in administrative leave status for up to eight months - but 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 offer of administrative leave for approximately 8 months if you take this offer. So is it a buyout?BERCOVICI: I would never describe it as a buyout. I think that's an extremely deceptive term to use in this circumstance. When you consider a buyout, there's usually some sort of composed contract or a concrete offer to offer a benefit in exchange for waiving certain rights. That is not the case here.MARTIN: If customers ask you for your recommendations, what are you telling them?BERCOVICI: First thing we inform them is exercise severe care. There are no warranties contained in this email. The only thing I can tell you for specific is that if you alter your mind, the agency's probably not going to let you withdraw that resignation, and you are basically offering up control over a lot.MARTIN: Is there some classification of staff member who you think this might benefit? Maybe they're close to retirement. Is someone 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 intended can have severe effects, 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 people who don't wish to go back to the office. Let me simply play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a suggestion to federal workers that they have to return in - to work. And if they don't, then they have the alternative to resign, and this administration is very kindly providing to pay them for 8 months.MARTIN: You're shaking your head no.BERCOVICI: It just - in a manner, it breaks my heart that federal staff members 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 created to get folks who work truly tough to resign. I believe it's attempting to pull the wool over a great deal of individuals's eyes since there are no warranties. And these are people who love their job. They like the mission of the company. They work hard. And today, they're facing really hard choices, especially if they're remote. I indicate, it's very coercive.MARTIN: You state it's coercive. Because?BERCOVICI: Essentially, if you're someone 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 anticipate legal difficulties simply to the deal itself? And if so, on what grounds?BERCOVICI: This offer, employment to be sincere, is so unprecedented that I believe a great deal of us are still to figure 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 right now for OPM to purchase firms to provide this number of individuals administrative leave. So I believe it is extremely much perhaps setting the stage for challenges 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 a lot for joining us.BERCOVICI: Thank you a lot for having me here.

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