5 C.F.R. § 715.202
Resignation
(a) General. An employee is free to resign at any time, to set the effective date of his resignation, and to have his reasons for resigning entered in his official records.
(b) Withdrawal of resignation. An agency may permit an employee to withdraw his resignation at any time before it has become effective. An agency may decline a request to withdraw a resignation before its effective date only when the agency has a valid reason and explains that reason to the employee. A valid reason includes, but is not limited to, administrative disruption or the hiring or commitment to hire a replacement. Avoidance of adverse action proceedings is not a valid reason.
Notes of Decisions
Cited in 22
cases (9 in the last 5 years), 1989–2024 · leading case: Albert D. Green & George K. Swerda v. Gen. Servs. Admin., 220 F.3d 1313 (Fed. Cir. 2000).
Albert D. Green & George K. Swerda v. Gen. Servs. Admin., 220 F.3d 1313 (Fed. Cir. 2000). “The AJ applied 5 C.F.R. § 715.202 (b), which permits an agency to deny an employee’s request to withdraw his resignation only if the agency has a valid reason for the denial.”
Troy Stewart v. Dep't of Transp., 2023 MSPB 18 (MSPB 2023). “444 , (2008) (holding that an employee may withdraw a resignation at any time before its effective date unless the agency has a valid reason for refusing to permit the withdrawal); see also 5 C.F.R. § 715.202 (b) (“Avoidance of adverse action proceedings is not a valid reason.”
Earl R. Brees v. Robert E. Hampton, Individually & as Chairman of the United States Civil Serv. Comm'n, 877 F.2d 111 (D.C. Cir. 1989). “Nor did the agreement become involuntary within the meaning of 5 C.F.R. § 715.202 (a) (1971), which provided that an employee “is free to resign at any time [and] to set the effective date of his resignation,” because OEO, rather than Mr.”
David A. Goodwin v. Dep't of the Treasury, 983 F.2d 226 (Fed. Cir. 1993). “The board held that this denial was proper since appellant’s position had been filled, citing 5 C.F.R. § 715.202 (b) and two prior board decisions.”
Rachel J. Tretchick v. Dep't of Transp., 109 F.3d 749 (Fed. Cir. 1997). “and Urban Dev., 63 M.S.P.R. 649 , 656-7 (1994). If the agreement is shown to be invalid or the agency is found to have breached the agreement, however, the agreement may not constitute a valid basis for the *752 agency to refuse the employee’s withdrawal.”
Mincey v. United States Postal Serv., 879 F. Supp. 567 (D.S.C. 1995). “Therefore, 5 C.F.R. § 715.202 (b) not only would not require the Postal Service to allow Mincey to withdraw his resignation, but it also would not require the Postal Service to give any reason for its refusal to do so.”
Yeressian v. Dep't of the Army, 534 F. App'x 963 (Fed. Cir. 2013). “The Board further stated that although 5 C.F.R. § 715.202 (b) permits an employee to withdraw a resignation at any time before its effective date, Mr.”
Ursula Clyde-Craft v. Dep't of Vets. Affairs (MSPB 2024). “444 , ¶ 18 (2008); 5 C.F.R. § 715.202 . Avoidance of adverse action proceedings is not a valid reason.”
Julian T. George v. Dep't of the Army (MSPB 2015). “In response, the appellant’s supervisor called and informed him that his request to withdraw his resignation under 5 C.F.R. § 715.202 (b) was denied because the agency already had filled his position.”
Illsley v. Gen. Servs. Admin., 4 F. App'x 805 (Fed. Cir. 2001). “In Green , we held that GSA’s right to refuse a request for withdrawal from a separation agreement is governed by 5 C.F.R. § 715.202 (b), which states: An agency may permit an employee to withdraw his resignation at any time before it has become effective.”
Harvin v. Merit Sys. Prot. Bd., 666 F. App'x 914 (Fed. Cir. 2016). “1 Federal employees generally may rescind their resignation “at any time before it has become effective,” 5 C.F.R. § 715.202 (b), and the parties do not dispute that Ms.”
Jacquitta Duncan v. Dep't of Transp. (MSPB 2023). “96 , ¶ 7 (2006); 5 C.F.R. § 715.202 (a). An agency is entitled to rely on an employee’s expression of a present intent to resign only when that expression is unequivocal.”
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