Dear Bureau Pat:

I have heard a rumor that a poor performer under my supervision may resign. I am a new supervisor and this would be the first resignation of one of my employees, while I am not new to government I have heard stories about such situations not going smoothly.  Should I be worried? Can you give me any advice to make sure things go well?

Dear Lucky Bastard:

Typically, the voluntary resignation of a poor performer is a supervisor's ultimate fantasy.  Were this the private sector, my advice would be to hit an early happy hour with the employees you like and buy everyone a shot in celebration of this tax drain's departure.  But this is government and things aren't so cut and dry. Bureau Pat has learned some valuable lessons that should be passed down. 

Before we get into the advice, let me start with a story of a resignation going awry.

A supervisor I know had a difficult employee who was on a path of disciplinary action. After several months of absenteeism and poor performance, feedback sessions, and opportunities to improve, the supervisor provided a difficult but honest feedback assessment with a recommendation for placement in another position with a clean slate.  Following the difficult conversation, the employee provided a written resignation, terminating that same day.

The supervisor accepted the resignation and worked with the staff member and human resources to properly remove the employee by the close of business, realizing the member could change his mind by midnight that day.  Midnight came and passed, and the member provided no withdrawal.  A few days after, the supervisor began working to fill the position.

Two weeks later, the employee came back into the office as if he'd just been on a nice vacation and nothing had happened, convinced he was still employed with the agency.  He came into the building, logged into his computer, and began checking and writing emails.  The supervisor's calls for the employee to leave were ignored and eventually the employee was forcefully removed by security in a messy and public scene.

It gets worse...After being escorted from the building, the employee reached out to his affinity and union groups. These groups created a long and arduous process that lead to the eventual return of the employee with all his leave reinstated and a nice cash settlement.  Apparently, since the employee's badge was never collected, a legal loophole allowed the employee back to work.

Bureau Pat suspects that there are many other stories in government like my friend's, but hopes that your difficult employee will realize what is best for him/her and the two of you will part amicably.

Now for some advice.

Right now, you should do nothing. Let nature take its course and if this employee really wants to leave it must be under his/her own condition(s).   Remember, it is only a rumor and any action that you take that may be perceived as coercion may lead to a lengthy grievance process that may ensure this poor performer not only stays in their current position but gets a couple kick backs from Uncle Sam along the way.

With that said, let's start with the fundamentals.  A resignation is the separation of an employee from the agency at his/her own request.  5 CFR Subpart B part 715.202 states:

"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...and an agency may permit an employee to withdraw his resignation at any time before it has become effective."

Only when the employee hands in his/her resignation in writing is it a clear statement that this employee is requesting to leave their job.  Threatening to leave, or saying you're looking for another job, or hearing rumors from other staff does not equate to a formal resignation.

Bear in mind, you cannot demand a resignation.  That is, no employee can be coerced or threatened to obtain his/her resignation, no matter how useless or detested he/she may be. 

Let's assume in your case that the rumors are true and you are fortunate enough to have this taxpayer burden resign. When the employee approaches you, have him/her complete a SF 52 form or submit the resignation in writing, signed and dated, with an effective date and reasons for resigning.  Also - and this is most important - have them process out properly as any other transitioning federal employee would in your office (e.g. collect keys and badges, reset passwords, etc.).

In an ideal situation, this poor performer will provide two-weeks notice to allow for orderly planning.  If not, you may ask for a reasonable period of notice but you cannot set an earlier or later date than the date selected by the member.  Understand his/her resignation is a voluntary termination of employment and this member can resign at any time; advance notice is not required.  Furthermore, in most agencies the resigning employee may withdraw a resignation before it becomes effective.

If the stars are aligned in your favor, then you will have been relieved from the arduous process of disciplining and firing the member.  You can consider this poor performer's decision to move on a blessing for both of you!

Keep us informed of your progress.

The Only,

Bureaupat