MICHEL MARTIN, HOST: Federal workers have until February 6 to choose whether to willingly leave their jobs. The U.S. Office of Personnel Management, OPM, informed employees 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 depart and be paid till completion of September. Michelle Bercovici is an employment legal representative who represents federal employees 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 do not consider it a lot an offer. I think it's a request to resign with a vague pledge that, potentially, you might be kept in administrative leave status for as much as eight months - however no guarantees.MARTIN: Some people have actually been using the term buyout to describe what this is since there seems to be the deal of administrative leave for as much as 8 months if you take this deal. So is it a buyout?BERCOVICI: employment I would definitely not describe it as a buyout. I believe that's a very misleading term to use in this scenario. When you believe of a buyout, there's normally some sort of composed arrangement or a concrete offer to supply 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 informing them?BERCOVICI: First thing we tell them is exercise severe caution. There are no warranties consisted of in this e-mail. The only thing I can tell you for specific is that if you alter your mind, the company's probably not going to let you withdraw that resignation, and you are essentially quiting control over a lot.MARTIN: Exists some classification of worker who you believe 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 mindful since leaving earlier than planned can have serious consequences, potentially, on their benefits.MARTIN: Let me simply play a clip from the White House press secretary, Karoline Leavitt. She told reporters that this is a bargain for people who do not wish to go back to the office. Let me just play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is an idea to federal employees that they need to return in - to work. And if they do not, then they have the alternative 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 employees 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 designed to get folks who work really difficult to resign. I believe it's trying to pull the wool over a lot of individuals's eyes because there are no guarantees. And these are people who like their task. They like the objective of the company. They strive. And today, they're facing very tough options, especially if they're remote. I indicate, it's really coercive.MARTIN: You state it's coercive. Because?BERCOVICI: Essentially, if you're somebody who resides 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 option than to take this option.MARTIN: Do you prepare for legal obstacles just to the offer itself? And if so, on what grounds?BERCOVICI: This deal, to be truthful, is so extraordinary that I think a lot of us are still attempting to find out what to do with it. I'm uncertain if the deal itself might be challengeable. I believe the bigger concern is the execution of these terms. I'm not familiar with any authority that exists right now for OPM to order companies to give this variety of people administrative leave. So I believe it is very much perhaps setting the stage for obstacles due to the fact that I feel OPM has actually greatly 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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