MICHEL MARTIN, HOST: Federal employees have until February 6 to choose whether to voluntarily 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 allowed to take leave and be paid until the end of September. Michelle Bercovici is a work legal representative who represents federal employees as a big part of her practice, so I asked her for job her analysis about what OPM's deferred resignation program would really mean.MICHELLE BERCOVICI: job I really don't consider it so much a deal. I believe it's a demand to resign with an unclear guarantee that, possibly, you could be kept in administrative leave status for up to eight months - but no guarantees.MARTIN: Some people have been the term buyout to describe what this is due to the fact that there seems to be the offer of administrative leave for up to 8 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 use in this situation. When you believe of a buyout, there's generally some sort of written arrangement or a concrete deal to offer an advantage in exchange for waiving certain rights. That is not the case here.MARTIN: If customers ask you for your guidance, what are you informing them?BERCOVICI: First thing we inform them is workout severe caution. There are no warranties consisted of in this e-mail. The only thing I can inform you for certain is that if you change your mind, the firm's probably not going to let you withdraw that resignation, and you are essentially providing up control over a lot.MARTIN: Is there some category of employee who you think this might benefit? Maybe they're close to retirement. Is somebody like that may this be an appealing offer?BERCOVICI: Folks near retirement need to be the most mindful because leaving earlier than intended can have serious repercussions, job potentially, on their benefits.MARTIN: Let me simply play a clip from the White House press secretary, Karoline Leavitt. She informed reporters that this is a bargain for individuals who don't desire to go back to the office. Let me simply play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a tip to federal employees that they have to return in - to work. And if they do not, then they have the option to resign, and this administration is very generously providing to pay them for eight months.MARTIN: You're shaking your head no.BERCOVICI: It just - 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 is 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 great deal of individuals's eyes because there are no guarantees. And these are individuals who like their job. They enjoy the mission of the agency. They strive. And right now, they're dealing with really tough choices, especially if they're remote. I mean, it's very coercive.MARTIN: You say it's coercive. Because?BERCOVICI: Essentially, if you're someone 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 option than to take this option.MARTIN: Do you prepare for legal challenges just to the deal itself? And if so, on what grounds?BERCOVICI: This offer, to be sincere, is so unprecedented that I believe a great deal of us are still attempting to determine what to do with it. I'm unsure if the deal itself may be challengeable. I think the bigger question is the execution of these terms. I'm not knowledgeable about any authority that exists today for OPM to buy companies to offer this variety of people administrative leave. So I believe it is really much perhaps setting the phase for obstacles since I feel OPM has greatly exceeded their authority.MARTIN: That is Michelle Bercovici. She is an employment 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.
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