Q & A Session – Answering Employment Questions After Clean Record Settlement

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:

If an individual was removed from federal service, appealed the action to the MSPB and accepted a “clean record” settlement agreement in exchange for voluntary resignation, how does that individual legally and honestly answer some of the questions found on legal documents? For example, some of the questions ask if anything has happened in the last five or seven years and lists such things as: “left my job by mutual agreement following allegations of misconduct or unsatisfactory performance” or “quit a job after being told you’d be fired.” Do I have to respond yes to these?

A:

The answer to all of these questions on the cited federal forms is yes, with an explanation. Failure to disclose the prior removal, even though it has been settled, could be viewed as a false statement and could be the subject of a criminal prosecution.

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

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