§3322 Voluntary Separation Before Resolution of Personnel Investigation

Summary

If a federal worker in the competitive or excepted service quits while under a personnel investigation and the investigation finds against them, the agency must put a lasting entry in the worker’s official personnel file. The agency must make that entry within 40 days after the investigation ends. Before adding the entry, the agency must tell the worker in writing within 5 days of the investigation’s outcome and give a copy of the adverse finding and supporting papers. The worker gets at least 30 days to answer in writing and send affidavits or other proof, and a short summary of that answer goes into the file. The agency must give a written decision with reasons as soon as possible. The worker can appeal to the Merit Systems Protection Board. If an appeal is filed, the agency must note in the file that an appeal is pending within 2 weeks of the filing. If the agency wins the appeal, the pending note must be removed within 2 weeks of the Board’s decision. If the worker wins, both the pending note and the adverse-finding entry must be removed within 2 weeks of the Board’s decision. “Personnel investigation” here includes Inspector General probes and investigations or actions about performance or misconduct under the civil service rules.