MICHEL MARTIN, HOST: Federal employees have till 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 to depart and be paid till completion of September. Michelle Bercovici is an employment legal representative who represents federal workers as a large part of her practice, so I asked her for her analysis about what OPM’s delayed resignation program would really mean.MICHELLE BERCOVICI: I actually do not consider it so much a deal. I think it’s a demand to resign with a vague promise that, potentially, you could be kept in administrative leave status for as much as eight months - however no guarantees.MARTIN: employment Some people have actually been using the term buyout to explain what this is due to the fact that there seems to be the offer of administrative leave for as much as 8 months if you take this deal. So is it a buyout?BERCOVICI: I would absolutely not explain it as a buyout. I think that’s an extremely deceptive term to utilize in this scenario. When you believe of a buyout, there’s normally some sort of composed agreement or a concrete deal to supply an advantage in exchange for waiving particular rights. That is not the case here.MARTIN: If clients ask you for your recommendations, what are you informing them?BERCOVICI: First thing we tell them is exercise extreme caution. There are no assurances contained in this e-mail. The only thing I can inform you for specific is that if you change your mind, the firm’s probably not going to let you withdraw that resignation, and you are basically quiting control over a lot.MARTIN: Exists some category of worker who you believe this might benefit? Maybe they’re close to retirement. Is someone like that may this be an attractive offer?BERCOVICI: Folks near retirement need to be the most mindful because leaving 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 told reporters that this is a bargain for people who don’t wish to return to the workplace. Let me just play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a recommendation to federal employees that they have to return in - to work. And if they do not, then they have the choice to resign, and this administration is extremely kindly providing 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 staff members are being jerked around like this. It sends out a signal to me that this return-to-office order is in bad faith, that it’s designed to get folks who work truly tough 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 job. They love the mission of the company. They strive. And today, they’re dealing with really tough choices, specifically if they’re remote. I suggest, it’s very coercive.MARTIN: You state it’s coercive. Because?BERCOVICI: Essentially, if you’re somebody who resides in Oregon and has been informed 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 simply to the offer itself? And if so, on what grounds?BERCOVICI: This offer, to be honest, is so unprecedented that I think a lot of us are still attempting to determine what to do with it. I’m uncertain if the deal itself might be challengeable. I think the larger question is the execution of these terms. I’m not aware of any authority that exists right now for OPM to purchase agencies to give this number of individuals administrative leave. So I believe it is really much potentially setting the stage for difficulties due to the fact that I feel OPM has 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 joining us.BERCOVICI: employment Thank you so much for having me here.

Copyright © 2025 NPR. All rights booked. Visit our website regards to usage and approvals pages at www.npr.org for further info.

NPR transcripts are developed on a rush due date by an NPR contractor. This text might not be in its final kind and might be upgraded or revised in the future. Accuracy and availability might differ. The authoritative record of NPR’s shows is the audio record.