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).
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.”
Terry Parchman v. Dep't of Def. (MSPB 2024). “363 , 364 (1982); 5 C.F.R. § 715.202 (b). Therefore, 6 The appellant was covered by a collective bargaining agreement, so it seems likely that the Marine Instructor was as well.”
Kevin Brannon v. Dep't of the Air Force (MSPB 2024). “We further note that the appellant’s citation to 5 C.F.R. § 715.202 (b) is inapposite, as he did not attempt to withdraw his resignation before its effective date.”
Eric Howard v. United States Postal Serv. (MSPB 2024). “4 (2008); see 5 C.F.R. § 715.202 (b). An employee’s resignation may be deemed involuntary, and therefore within the Board’s jurisdiction, if the agency improperly denied his request to withdraw his resignation before its effective date.”
Shye Wilborn v. Dep't of the Army (MSPB 2024). “, the SF-50 establishing that the appellant’s resignation was taken under the authority of 5 C.F.R. § 715.202 and the February 2018 memorandum stating that the appellant’s position was converted to a Title 5 excepted service position, merely confirm that the appellant was a…”
Cindy ZseDenny v. Dep't of the Air Force (MSPB 2024). “5 C.F.R. § 715.202 (a). The Board has held that an employee’s expression of a present intent to resign must be definite and unequivocal and when it is ambiguous, the agency is not entitled to rely upon it.”
Joseph Jimenez v. Dep't of Just. (MSPB 2024). “591 , 596 (1992); 5 C.F.R. § 715.202 (a). However, when there is a question as to the timing of a resignation, the Board looks at an employee’s statements and actions, and if they are consistent with an intent to resign immediately, the agency is entitled to process the…”
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.”
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.”
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.”
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.”
Muhammad M. Baaith v. Dep't of Vets. Affairs (MSPB 2015). “See ID at 5 (citing 5 C.F.R. § 715.202 (b)). 4 involuntary only if the appellant demonstrates that the agency engaged in a course of action that made working conditions so difficult or unpleasant that a reasonable person in the appellant’s position would have felt compelled to…”
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