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MICHEL MARTIN, HOST: Federal employees have till 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 depart and be paid till completion of September. Michelle Bercovici is an employment lawyer who represents federal staff members 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 an offer. I believe it's a request to resign with a vague promise that, potentially, you might be kept in administrative leave status for as much as 8 months - however no guarantees.MARTIN: Some people have actually been utilizing the term buyout to describe what this is because there seems to be the offer of administrative leave for as much as 8 months if you take this offer. So is it a buyout?BERCOVICI: I would never describe it as a buyout. I believe that's a very deceptive term to use in this situation. When you think of a buyout, there's typically some sort of composed contract or a concrete deal to supply an advantage in exchange for waiving specific 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 exercise extreme caution. There are no guarantees consisted of in this e-mail. The only thing I can inform you for specific is that if you alter your mind, the firm's probably not going to let you withdraw that resignation, and you are essentially offering up control over a lot.MARTIN: Exists some classification of employee who you believe this might benefit? Maybe they're close to retirement. Is somebody like that might this be an attractive offer?BERCOVICI: Folks near retirement require to be the most careful due to the fact that leaving earlier than meant can have severe repercussions, 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 people who don't desire to return to the workplace. Let me simply play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a recommendation to federal workers that they need to return in - to work. And if they don't, then they have the alternative to resign, employment and this administration is very generously using to pay them for eight months.MARTIN: You're shaking your head no.BERCOVICI: It just - in a manner, it breaks my heart that federal workers 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 truly hard to resign. I think it's attempting to pull the wool over a lot of individuals's eyes since there are no warranties. And these are people who like their job. They enjoy the mission of the agency. They strive. And today, they're dealing with really tough choices, especially if they're remote. I indicate, it's really coercive.MARTIN: You say it's coercive. Because?BERCOVICI: Essentially, if you're someone who lives 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 choice than to take this option.MARTIN: Do you anticipate legal difficulties just to the offer itself? And if so, on what grounds?BERCOVICI: This offer, to be sincere, is so extraordinary that I think a great deal of us are still attempting to figure out what to do with it. I'm unsure if the offer itself may be challengeable. I think the bigger concern is the execution of these terms. I'm not aware of any authority that exists today for OPM to order companies to provide this number of people administrative leave. So I believe it is very much perhaps setting the stage for challenges because I feel OPM has vastly exceeded 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 joining us.BERCOVICI: Thank you so much for having me here.

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