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MICHEL MARTIN, HOST: Federal workers have until February 6 to decide whether to voluntarily 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 permitted to take leave and be paid up until completion of September. Michelle Bercovici is an employment lawyer who represents federal employees as a big 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 a lot an offer. I think it's a request to resign with a vague pledge that, possibly, you might be kept in administrative leave status for approximately eight months - but no guarantees.MARTIN: Some people have actually been using the term buyout to explain what this is since there seems to be the deal of administrative leave for up to 8 months if you take this offer. So is it a buyout?BERCOVICI: I would absolutely not explain it as a buyout. I believe that's a really deceptive term to use in this circumstance. When you believe of a buyout, there's usually some sort of composed arrangement or a concrete offer to offer a benefit in exchange for waiving specific rights. That is not the case here.MARTIN: If clients ask you for your advice, what are you telling them?BERCOVICI: First thing we tell them is exercise extreme care. There are no assurances consisted of in this e-mail. The only thing I can inform you for certain is that if you change your mind, the company's most likely not going to let you withdraw that resignation, and you are basically 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 careful because earlier than meant can have severe effects, potentially, on their benefits.MARTIN: Let me just play a clip from the White House press secretary, Karoline Leavitt. She informed press reporters that this is an excellent offer for individuals who do not wish to return to the office. Let me just 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 do not, then they have the option to resign, and this administration is really generously offering to pay them for eight months.MARTIN: You're shaking your head no.BERCOVICI: It simply - in a manner, it breaks my heart that federal staff members are being jerked around like this. It sends out 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 people's eyes because there are no assurances. And these are people who love their task. They like the objective of the agency. They strive. And right now, they're facing very tough options, especially if they're remote. I imply, it's really 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. 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 difficulties just to the deal itself? And if so, on what grounds?BERCOVICI: This deal, to be truthful, is so unmatched that I believe a lot of us are still trying to find out what to do with it. I'm uncertain if the deal itself might be challengeable. I think the bigger concern is the execution of these terms. I'm not familiar with any authority that exists right now for OPM to order agencies to give this number of individuals administrative leave. So I believe it is quite perhaps setting the stage for obstacles because I feel OPM has vastly surpassed 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 a lot for signing up with us.BERCOVICI: clashofcryptos.trade Thank you so much for having me here.

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