§3322 Voluntary separation before resolution of personnel investigation

Summary

If a federal employee in the competitive or excepted service quits while under a personnel investigation and the agency finds against them, the agency must put a permanent note in the employee’s official personnel file. The agency must do that within 40 days after the investigation ends. Before adding the note, the agency must notify the employee in writing within 5 days of the investigation’s end and give copies of the negative finding and supporting papers. The employee gets at least 30 days to reply in writing and give evidence. The agency must then send a written decision with its reasons as soon as possible. The employee can appeal the decision to the Merit Systems Protection Board under section 7701. If the employee appeals, the agency must add a file note saying the appeal is pending within 2 weeks of the appeal filing. If the agency wins, that pending note must be removed within 2 weeks of the Board’s decision. If the employee wins, both the pending note and the adverse finding note must be removed within 2 weeks of the Board’s decision. "Personnel investigation" here means an Inspector General investigation or an investigation/action about performance, misconduct, or similar causes under chapters 43 or 75.