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MICHEL MARTIN, HOST: Federal workers have until February 6 to decide whether to voluntarily leave their tasks. 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 enabled to depart and be paid till the end of September. Michelle Bercovici is an employment legal representative 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 don't consider it a lot an offer. I think it's a request to resign with an unclear pledge that, potentially, you could be kept in administrative leave status for up to 8 months - but no guarantees.MARTIN: employment Some individuals have actually been utilizing 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 deal. So is it a buyout?BERCOVICI: I would absolutely not explain it as a buyout. I believe that's a very deceptive term to use in this circumstance. When you think about a buyout, there's usually some sort of written arrangement or a concrete offer to supply a benefit in exchange for waiving specific rights. That is not the case here.MARTIN: If clients ask you for your recommendations, what are you informing them?BERCOVICI: employment First thing we tell them is exercise severe care. There are no assurances included in this e-mail. The only thing I can tell you for specific is that if you change your mind, the agency's probably not going to let you withdraw that resignation, and you are basically quiting control over a lot.MARTIN: Is there some classification of staff member 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 need to be the most careful because leaving earlier than planned can have severe repercussions, possibly, 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 good offer for individuals who do not want to go back to the workplace. Let me simply 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 choice to resign, and this administration is extremely generously using to pay them for 8 months.MARTIN: You're shaking your head no.BERCOVICI: It just - 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 remains in bad faith, that it's created 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 since there are no warranties. And these are individuals who love their job. They like the of the firm. They strive. And right now, they're facing extremely difficult choices, especially if they're remote. I suggest, it's very coercive.MARTIN: You state it's coercive. Because?BERCOVICI: Essentially, if you're somebody 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 obstacles simply to the offer itself? And if so, on what grounds?BERCOVICI: This offer, to be sincere, is so unmatched that I believe a great deal of us are still trying to determine what to do with it. I'm uncertain if the deal itself may be challengeable. I believe the bigger concern is the execution of these terms. I'm not mindful of any authority that exists today for OPM to purchase agencies to provide this variety of individuals administrative leave. So I believe it is really much perhaps setting the stage for employment obstacles since I feel OPM has actually vastly 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: Thank you a lot for having me here.

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