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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111679
Experience:  20+ Years of Employment Law Experience
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If a federal government employee receive a decision from the

Customer Question

If a federal government employee receive a decision from the deciding official where he or she will be suspending from work for three days, can he or she resign before serving 3 days ? If so, it won't be in the OFP record ?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid that even if the employee resigns, the suspension would remain in the record as "resigned under investigation" so the suspension decision is noted in the record. Also, just because the deciding official decided on a 3 day suspension, the employee can appeal and should appeal. Furthermore, 3 days is not termination and the employee would still have a job, so they need to reconsider resignation and if they want to leave they should take the suspension and return to work and continue looking for a new job after, because resigning after the decision of suspension would still be in the record and would be reflected as "resigned under investigation," which is just as bad as the suspension on your record.
Customer: replied 11 months ago.
Thank you. What if an federal employee have a disability (i.e. Deafness), can he or she file EEO complaint after grieve (appeal) within 15 days (if not successful result)? Please understand that agency doesn't have federal bargaining union.
Expert:  Law Educator, Esq. replied 11 months ago.

Thank you for your reply.

The employee can file an EEO after and also appeal at the same time. The person should file for discrimination as well as the appeal at the same time.

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