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+<br>MICHEL MARTIN, HOST: Federal staff members have till February 6 to decide whether to willingly leave their jobs. 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 enabled to depart and be paid up until completion of September. Michelle Bercovici is an [employment](https://vieclamangiang.net) legal representative who represents federal employees as a big part of her practice, so I asked her for her analysis about what OPM's delayed resignation program would in fact mean.MICHELLE BERCOVICI: I actually do not consider it so much an offer. I think it's a demand to resign with a vague pledge that, possibly, you might be kept in administrative leave status for up to eight months - but no guarantees.MARTIN: Some people have been using the term buyout to describe what this is because there appears to be the offer of administrative leave for up to eight months if you take this offer. So is it a buyout?BERCOVICI: I would definitely not explain it as a buyout. I think that's an extremely deceptive term to utilize in this scenario. When you think about a buyout, there's typically some sort of composed arrangement or a concrete deal to provide an advantage in exchange for waiving certain rights. That is not the case here.MARTIN: If clients ask you for your recommendations, what are you informing them?BERCOVICI: First thing we inform them is workout extreme caution. There are no [guarantees consisted](https://www.jobtalentagency.co.uk) of in this e-mail. The only thing I can inform you for certain is that if you change your mind, the company's probably not going to let you  that resignation, and you are essentially providing up control over a lot.MARTIN: Is there some category of staff member who you believe this might benefit? Maybe they're close to retirement. Is someone like that might this be an appealing offer?BERCOVICI: Folks near retirement require to be the most careful because leaving earlier than meant can have serious consequences, possibly, 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 great deal for individuals who don't desire to return to the workplace. Let me just play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a suggestion to federal employees that they need to return in - to work. And if they do not, then they have the option to resign, and this administration is really kindly providing to pay them for 8 months.MARTIN: You're shaking your head no.BERCOVICI: It simply - in such a way, it breaks my heart that federal staff members 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 actually 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 like their task. They like the objective of the firm. They strive. And today, they're facing extremely difficult choices, particularly if they're remote. I mean, it's extremely coercive.MARTIN: You state it's coercive. Because?BERCOVICI: Essentially, if you're somebody who lives 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 choice than to take this option.MARTIN: Do you prepare for legal obstacles simply to the offer itself? And if so,  [links.gtanet.com.br](https://links.gtanet.com.br/celiafranki) on what grounds?BERCOVICI: This deal, to be truthful, is so extraordinary that I believe a great deal of us are still trying to [determine](https://gitea-working.testrail-staging.com) what to do with it. I'm unsure if the offer itself may be challengeable. I believe the bigger concern is the execution of these terms. I'm not aware of any authority that exists today for OPM to buy firms to give this variety of individuals administrative leave. So I think it is quite potentially setting the stage for challenges since I feel OPM has actually greatly exceeded their authority.MARTIN: That is Michelle Bercovici. She is an [employment](https://internship.af) lawyer 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.<br>
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