MICHEL MARTIN, HOST: Federal workers have until February 6 to decide whether to voluntarily leave their tasks. The U.S. Office of Personnel Management, OPM, notified employees 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 take leave and be paid till 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 analysis about what OPM's deferred resignation program would actually mean.MICHELLE BERCOVICI: I actually do not consider it so much a deal. I believe it's a demand to resign with a vague promise that, possibly, you could be kept in administrative leave status for up to 8 months - however no guarantees.MARTIN: Some individuals have actually been using the term buyout to describe 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 offer. So is it a buyout?BERCOVICI: I would absolutely not describe it as a buyout. I believe that's an extremely misleading term to use in this circumstance. When you believe of a buyout, there's usually some sort of written 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 tell them is workout severe caution. There are no warranties included in this email. The only thing I can inform you for specific is that if you change your mind, the company's probably not going to let you withdraw that resignation, and you are basically giving up control over a lot.MARTIN: Is there some classification of worker 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 mindful because leaving earlier than meant can have major repercussions, possibly, on their benefits.MARTIN: Let me just play a clip from the White House press secretary, Karoline Leavitt. She told reporters that this is an excellent deal for individuals who don't desire to return to the office. Let me just play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a recommendation to federal workers that they have to return in - to work. And if they don't, then they have the option to resign, and this administration is extremely generously 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 truly difficult to resign. I think it's trying to pull the wool over a lot of individuals's eyes because there are no guarantees. And these are individuals who like their job. They like the mission of the firm. They strive. And right now, they're dealing with extremely hard choices, specifically if they're remote. I suggest, it's very coercive.MARTIN: You say it's coercive. Because?BERCOVICI: Essentially, if you're somebody 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 option than to take this option.MARTIN: Do you expect legal challenges simply to the deal itself? And if so, on what grounds?BERCOVICI: This offer, to be sincere, employment is so extraordinary that I think a great deal of us are still attempting to figure out what to do with it. I'm not sure if the offer itself may be challengeable. I believe the larger concern is the execution of these terms. I'm not conscious of any that exists today for OPM to purchase agencies to offer this variety of individuals administrative leave. So I believe it is quite perhaps setting the phase for obstacles due to the fact that I feel OPM has vastly surpassed their authority.MARTIN: That is Michelle Bercovici. She is a work lawyer with the Alden Law Group here in Washington, D.C. Thank you a lot for employment joining us.BERCOVICI: Thank you so much for having me here.

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