MICHEL MARTIN, HOST: Federal staff members have until February 6 to choose whether to willingly leave their jobs. The U.S. Office of Personnel Management, OPM, informed workers on Tuesday that if they hand in their resignation by next Thursday - that's less than a week from now - most will be permitted to depart and be paid until completion of September. Michelle Bercovici is an employment lawyer who represents federal workers as a large part of her practice, so I asked her for her interpretation about what OPM's deferred resignation program would actually mean.MICHELLE BERCOVICI: I actually do not consider it so much 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 - but no guarantees.MARTIN: Some individuals have been using the term buyout to explain what this is due to the fact that there seems to be the deal of administrative leave for approximately eight months if you take this deal. 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 think about a buyout, there's generally 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 guidance, what are you telling them?BERCOVICI: First thing we tell them is workout severe caution. There are no guarantees contained in this e-mail. The only thing I can tell you for certain is that if you change your mind, the agency's most likely not going to let you withdraw that resignation, and you are basically quiting control over a lot.MARTIN: Is there some category of staff member who you think this might benefit? Maybe they're close to retirement. Is someone like that might this be an attractive offer?BERCOVICI: Folks near retirement need to be the most mindful since leaving earlier than planned can have major consequences, potentially, on their benefits.MARTIN: Let me just play a clip from the White House press secretary, Karoline Leavitt. She informed reporters that this is a bargain for people who do not want to go back to the workplace. Let me simply 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 don't, then they have the alternative to resign, and this administration is really generously offering to pay them for 8 months.MARTIN: You're shaking your head no.BERCOVICI: It just - in such a way, 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 designed to get folks who work truly difficult to resign. I believe it's attempting to pull the wool over a lot of people's eyes because there are no assurances. And these are people who like their job. They love the objective of the company. They work hard. And right now, they're facing extremely hard choices, particularly if they're remote. I imply, it's extremely coercive.MARTIN: You say it's coercive. Because?BERCOVICI: Essentially, if you're somebody who resides in Oregon and has been told to report to D.C. otherwise 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 deal itself? And if so, employment on what grounds?BERCOVICI: This offer, to be honest, is so extraordinary that I think a lot of us are still trying to find out what to do with it. I'm not exactly sure if the deal itself might be challengeable. I believe the larger question is the execution of these terms. I'm not knowledgeable about any authority that exists right now for OPM to purchase companies to give this number of individuals administrative leave. So I believe it is very much potentially setting the phase for challenges because I feel OPM has actually greatly exceeded 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 so much for signing up with us.BERCOVICI: Thank you so much for having me here.

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