MICHEL MARTIN, HOST: Federal workers have until February 6 to choose whether to willingly leave their tasks. The U.S. Office of Personnel Management, OPM, notified employees on Tuesday that if they hand job in their resignation by next Thursday - that's less than a week from now - most will be enabled to depart and be paid up until completion of September. Michelle Bercovici is an employment attorney who represents federal workers as a large part of her practice, so I asked her for her interpretation about what OPM's delayed resignation program would really mean.MICHELLE BERCOVICI: I really don't consider it so much a deal. I believe it's a demand to resign with an unclear promise that, possibly, you could be kept in administrative leave status for approximately 8 months - but no guarantees.MARTIN: Some individuals have actually been utilizing the term buyout to explain what this is since there appears to be the offer of administrative leave for as much as eight months if you take this offer. So is it a buyout?BERCOVICI: I would definitely not describe it as a buyout. I believe that's an extremely deceptive term to utilize in this scenario. When you believe of a buyout, there's generally some sort of written contract or a concrete deal to offer a benefit 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 extreme caution. There are no guarantees contained in this email. The only thing I can inform you for particular is that if you alter your mind, the agency's most likely not going to let you withdraw that resignation, and you are essentially quiting control over a lot.MARTIN: Exists some category of employee who you believe this might benefit? Maybe they're close to retirement. Is someone like that might this be an attractive offer?BERCOVICI: Folks near retirement require to be the most careful due to the fact that leaving earlier than planned can have severe consequences, 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 want to go back to the office. Let me just play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: job This is an idea to federal employees that they need to return in - to work. And if they do not, then they have the choice to resign, and this administration is extremely kindly providing to pay them for eight months.MARTIN: You're shaking your head no.BERCOVICI: It just - in a manner, 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 created to get folks who work really difficult to resign. I believe it's attempting to pull the wool over a lot of people's eyes since there are no warranties. And these are people who love their job. They like the objective of the company. They strive. And right now, job they're facing extremely tough options, job specifically if they're remote. I indicate, it's very coercive.MARTIN: You say it's coercive. Because?BERCOVICI: Essentially, if you're somebody 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 option than to take this option.MARTIN: Do you prepare for legal difficulties just to the deal itself? And if so, on what grounds?BERCOVICI: job This deal, to be sincere, is so unmatched that I believe a great deal of us are still attempting to find out what to do with it. I'm not exactly sure if the offer itself might be challengeable. I believe the larger question is the execution of these terms. I'm not familiar with any authority that exists today for OPM to purchase firms to offer this variety of individuals administrative leave. So I believe it is really much possibly setting the phase for obstacles due to the fact that I feel OPM has significantly surpassed their authority.MARTIN: That is Michelle Bercovici. She is a work attorney with the Alden Law Group here in Washington, D.C. Thank you a lot for joining us.BERCOVICI: Thank you so much for having me here.

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