Q & A Session – Resign or be Fired


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.


I was called into the office late on Friday afternoon and was informed I had to resign by Monday at noon or be fired. The local union advised me to resign. I was informed that I was ineligible for any rehire at the agency. My SF50 says that I resigned for personal reasons.

Since I am ineligible for rehire at the agency, is it a waste of time to consider employment at other federal agencies as well? Would any other agency have access to the records which were used to make this determination? What rights do I have as a separated employee based on the terms of my resignation?


Most agencies will require you to fill out an OF-306 declaration for federal employment. The form asks whether, within the last 5 years, you have resigned after being told you would be fired. A truthful answer makes future federal hiring unlikely. A false answer could lead to a criminal conviction or a finding of unsuitability actually barring you from future employment.

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

Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.


About Author

1 Comment

  1. bert clanstrom on

    Why not wait the required 5 years, then answer the question truthfully as “no”, then go back to work for them just like nothing happened?

Leave A Reply