MICHEL MARTIN, HOST: Federal employees have up 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 permitted to depart and be paid until completion of September. Michelle Bercovici is an employment attorney who represents federal staff members as a big part of her practice, so I asked her for her interpretation about what OPM's postponed resignation program would really mean.MICHELLE BERCOVICI: I really don't consider it a lot an offer. 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 8 months - but no guarantees.MARTIN: Some individuals have actually been utilizing the term buyout to explain what this is due to the fact that there appears to be the offer of administrative leave for up to 8 months if you take this deal. So is it a buyout?BERCOVICI: I would definitely not explain it as a buyout. I think that's a very deceptive term to use in this situation. When you think of a buyout, there's typically some sort of composed arrangement or a concrete offer to offer a benefit in exchange for waiving particular rights. That is not the case here.MARTIN: If customers ask you for your suggestions, what are you telling them?BERCOVICI: First thing we tell them is care. There are no assurances included in this email. The only thing I can inform you for particular is that if you change your mind, the company's probably not going to let you withdraw that resignation, and you are basically quiting control over a lot.MARTIN: Exists some classification of employee who you believe this might benefit? Maybe they're close to retirement. Is someone like that might this be an appealing offer?BERCOVICI: Folks near retirement need to be the most careful due to the fact that leaving earlier than meant can have serious consequences, 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 good deal for people who do not want to return to the office. Let me simply play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a suggestion to federal workers that they have to return in - to work. And if they don't, then they have the choice to resign, and this administration is extremely kindly providing to pay them for 8 months.MARTIN: You're shaking your head no.BERCOVICI: It simply - in such a way, 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 is in bad faith, that it's created to get folks who work actually difficult to resign. I believe it's trying to pull the wool over a great deal of people's eyes due to the fact that there are no warranties. And these are individuals who love their job. They love the objective of the firm. They strive. And today, they're facing very hard choices, specifically if they're remote. I indicate, it's extremely coercive.MARTIN: You state it's coercive. Because?BERCOVICI: Essentially, if you're someone 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 just to the offer itself? And if so, on what grounds?BERCOVICI: This deal, to be sincere, is so extraordinary that I believe a great deal of us are still trying to find out what to do with it. I'm not sure if the offer itself may be challengeable. I think the bigger question is the execution of these terms. I'm not familiar with any authority that exists right now for OPM to purchase companies to offer this number of people administrative leave. So I think it is really much perhaps setting the stage for challenges because I feel OPM has greatly surpassed their authority.MARTIN: That is Michelle Bercovici. She is a work attorney with the Alden Law Group here in Washington, D.C. Thank you so much for signing up with us.BERCOVICI: utahsyardsale.com Thank you so much for having me here.

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