Ask The Lawyer

By Debra Roth

Q & A Session – Resign or be Fired

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q:

I was called into the office late on Friday afternoon and was informed I had to resign by Monday at noon or be fired. The local union advised me to resign. I was informed that I was ineligible for any rehire at the agency. My SF50 says that I resigned for personal reasons.

Since I am ineligible for rehire at the agency, is it a waste of time to consider employment at other federal agencies as well? Would any other agency have access to the records which were used to make this determination? What rights do I have as a separated employee based on the terms of my resignation?

A:

Most agencies will require you to fill out an OF-306 declaration for federal employment. The form asks whether, within the last 5 years, you have resigned after being told you would be fired. A truthful answer makes future federal hiring unlikely. A false answer could lead to a criminal conviction or a finding of unsuitability actually barring you from future employment.

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

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Comments

  1. bert clanstrom Says:
    July 27th, 2012 at 8:07 pm

    Why not wait the required 5 years, then answer the question truthfully as “no”, then go back to work for them just like nothing happened?