MICHEL MARTIN, HOST: Federal workers have until February 6 to choose whether to voluntarily leave their jobs. The U.S. Office of Personnel Management, OPM, informed 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 job be paid until completion of September. Michelle Bercovici is a work attorney who represents federal employees as a large part of her practice, so I asked her for her interpretation about what OPM's delayed resignation program would actually mean.MICHELLE BERCOVICI: I really don't consider it so much a deal. I think it's a demand to resign with an unclear pledge that, potentially, you could be kept in administrative leave status for approximately eight months - but no guarantees.MARTIN: Some people have actually been utilizing the term buyout to describe what this is because there seems to be the deal of administrative leave for up to eight 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 a very deceptive term to use in this scenario. When you consider a buyout, there's typically some sort of composed arrangement or a concrete deal to provide a benefit in exchange for waiving certain rights. That is not the case here.MARTIN: If clients ask you for your advice, what are you informing them?BERCOVICI: First thing we inform them is exercise extreme caution. There are no assurances consisted of in this e-mail. The only thing I can inform you for particular is that if you change your mind, the agency's most likely not going to let you withdraw that resignation, and you are essentially providing up control over a lot.MARTIN: Exists some classification of worker 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 require to be the most careful due to the fact that leaving earlier than planned can have major repercussions, 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 a bargain for individuals who do not want to return to the workplace. Let me simply play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a tip 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 very 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 employees are being jerked around like this. It sends a signal to me that this return-to-office order remains in bad faith, job that it's developed to get folks who work truly hard 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 enjoy their job. They like the objective of the firm. They strive. And today, they're facing really hard options, specifically if they're remote. I indicate, it's extremely coercive.MARTIN: You say it's coercive. Because?BERCOVICI: Essentially, if you're somebody who resides in Oregon and has been informed 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 obstacles just to the offer itself? And if so, on what grounds?BERCOVICI: This offer, to be honest, is so unmatched that I think a great deal of us are still attempting to determine what to do with it. I'm unsure if the offer itself might be challengeable. I believe the bigger question is the execution of these terms. I'm not conscious of any authority that exists right now for OPM to purchase companies to provide this variety of people administrative leave. So I believe it is quite possibly setting the phase for challenges due to the fact that I feel OPM has vastly surpassed their authority.MARTIN: That is Michelle Bercovici. She is an employment attorney with the Alden Law Group here in Washington, D.C. Thank you so much for job joining us.BERCOVICI: Thank you a lot for having me here.

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