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MICHEL MARTIN, HOST: Federal employees have till February 6 to choose 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 till completion of September. Michelle Bercovici is an employment legal representative who represents federal staff members as a large part of her practice, so I asked her for employment her interpretation about what OPM's delayed resignation program would in fact mean.MICHELLE BERCOVICI: I actually don't consider it so much an offer. I think it's a to resign with an unclear pledge that, potentially, you could be kept in administrative leave status for as much as 8 months - but no guarantees.MARTIN: Some individuals have actually been utilizing the term buyout to describe what this is due to the fact that there appears to be the deal of administrative leave for up to 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 a very deceptive term to use in this circumstance. When you think about a buyout, there's typically some sort of composed arrangement or a concrete offer to offer a benefit in exchange for waiving specific rights. That is not the case here.MARTIN: If customers ask you for your advice, what are you informing them?BERCOVICI: First thing we inform them is workout extreme caution. There are no guarantees included in this e-mail. The only thing I can inform you for certain is that if you change your mind, the company's most likely not going to let you withdraw that resignation, and you are basically quiting control over a lot.MARTIN: Exists some classification 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: employment Folks near retirement require to be the most mindful because leaving earlier than intended can have major consequences, potentially, on their benefits.MARTIN: Let me simply play a clip from the White House press secretary, Karoline Leavitt. She told press reporters that this is a good offer for individuals who do not wish to return to the workplace. Let me just 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 option to resign, employment and this administration is really generously offering to pay them for eight months.MARTIN: You're shaking your head no.BERCOVICI: It just - in a method, employment it breaks my heart that federal workers are being jerked around like this. It sends a signal to me that this return-to-office order remains in bad faith, that it's developed to get folks who work actually hard to resign. I think it's trying to pull the wool over a great deal of individuals's eyes due to the fact that there are no warranties. And these are people who enjoy their job. They like the objective of the agency. They strive. And today, they're dealing with really tough options, specifically if they're remote. I mean, it's extremely 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 expect legal obstacles simply to the deal itself? And if so, on what grounds?BERCOVICI: This deal, to be truthful, is so unmatched that I think a lot of us are still trying to determine what to do with it. I'm not sure if the deal itself may be challengeable. I believe the bigger question is the execution of these terms. I'm not familiar with any authority that exists today for OPM to buy firms to provide this variety of people administrative leave. So I believe it is extremely much possibly setting the phase for difficulties since I feel OPM has actually vastly surpassed their authority.MARTIN: That is Michelle Bercovici. She is an employment attorney with the Alden Law Group here in Washington, D.C. Thank you a lot for signing up with us.BERCOVICI: Thank you so much for having me here.

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