§3322 Voluntary Separation Before Resolution of Personnel Investigation

Summary

If a federal worker who is under a personnel investigation quits before the investigation finishes and the agency finds something wrong, the agency must put a permanent note about that in the worker’s official personnel file. The agency must do that within 40 days after the investigation ends. First, the agency must tell the worker in writing within 5 days after the investigation ends and give a copy of the negative finding and any papers that support it. The worker gets at least 30 days to answer in writing and to give sworn statements or other documents. A short summary of the worker’s reply must go into the file note. The agency must give a written decision and explain why as soon as possible. The worker can appeal the agency’s decision to the Merit Systems Protection Board. If an appeal is filed, the agency must put a note in the file saying an appeal is pending within 2 weeks of the appeal. If the agency wins the appeal, the agency removes that pending note within 2 weeks of the Board’s decision. If the worker wins, the agency removes both the pending note and the negative finding within 2 weeks. A “personnel investigation” includes Inspector General investigations and probes tied to performance, misconduct, or efficiency-based actions under chapters 43 or 75.