Standards of Conduct When Seeking Employment While You're a Fed and Post-Employment Restrictions
- shaunaweatherly
- Feb 18
- 3 min read
As Executive Branch employees, there are sometimes restrictions on what you can do after you leave Federal Service or leave certain positions. There are also rules about seeking employment while you are still a Fed.
When I prepared for retirement from being a Fed two years ago, one of the first things I did before leaving service was ask my Ethics Officer in the GSA Office of Council for my post employment briefing and a letter advising me of any post employment restrictions.
Having been involved in writing FAR policy yet to be publicized and managing a set of $750B Governmentwide contracts as a COR within 2 years of my retirement, I knew I could have some conflicts I might need to contend with as a consultant in retirement. I could assume from the rules but I wanted it in writing.
Post Employment Restrictions
Here is a copy of the Office of Government Ethics (OGE) Rules for the Road for those leaving Federal Service. I received this from my Ethics Official at GSA a little over two years ago as I separated from service at retirement.
Download a copy here:
Several things come into play related to post-employment considerations. The nature of your Government job will come into play if you:
participated in a procurement of or the administration of a contract,
had access to certain sensitive procurement information,
worked on certain trade or treaty negotiations during your last year of
Government service and had access to certain restricted information,
have served in a high-level Government position,
other considerations like access to classified materials, etc.
After you leave your Federal job you may be limited to your interactions with the Government. While you may contact the Government solely on your own behalf, you may not try to influence any Federal agency or court on behalf of anyone else (such as your new employer) concerning matters related to contracts, grants, or lawsuits if you worked on those same matters as a Federal employee. This includes duties that would not fall under lobbyist laws.
The length of the restrictions depend on how you were involved in the matter while you still worked for the Government.
If you were PERSONALLY and SUBSTANTIALLY involved, the restriction is permanent.
If you supervised others who did the actual work, then the restriction lasts for two years from the date you leave Federal service.
This two-year restriction does not apply unless you supervised the matter during your last year of Federal Service.
If you had certain responsibilities or took certain actions relating to a large procurement involving the contractor for which you are seeking employment, you may not receive compensation from that contractor to serve as an employee, officer, director, or consultant for a period of one year.
You can receive compensation from a division or affiliate of the contractor that does not product the same or similar products or services as the entity responsible for the contract.
For a more detailed write up of the rules summarized in the attachment above, see the Post Employment Restrictions summary document below.
Seeking Outside Employment While a Federal Employee
There are recusal requirements that apply to employees when seeking outside employment with companies or persons whose financial interests would be directly and predictably affected by matters under which the employee participates PERSONALLY and SUBSTANTIALLY. (18 U.S.C. 208(a))
Recusal means that you must notify your supervisor and state your recusal during the period in which the employee has begun seeking employment and until the employee is no longer seeking employment. Seeking Employment is defined as directly or indirectly--
Engaged in negotiations for employment with any person or their agent / intermediary.
Made an unsolicited communication to any person or their agent / intermediary regarding possible employment.
Made a response, other than rejection, to an unsolicited communication from any person or their agent / intermediary about possible employment.
A person is no longer seeking employment when--
the employee or prospective employer rejects the possibility of employment and all discussions have terminated, or
two months have passed after the employee sends an unsolicited resume or employment proposal AND the employee has not received any response.
Examples are provided throughout the document below and in 5 C.F.R. Chapter 16 Subchapter B, Part 2635, Subpart F.
Review these documents and know the rules before you start your employment discussions and/or leave Federal service.
Links to the original LinkedIn Posts are:
DISCLAIMERS:
CONSULT YOUR AGENCY HR OFFICE OR AN ATTORNEY KNOWLEDGABLE IN FEDERAL EMPLOYEE LAW OR PAY BEFORE MAKING ANY DECISION OR TAKING ANY ACTION THAT IMPACTS OR CHANGES YOUR FEDERAL EMPLOYMENT STATUS.
ADVICE PROVIDED BY FEDSUBK DOES NOT CONSTITUTE LEGAL OR FIDUCIARY ADVICE NOR DOES IT CREATE A BINDING LEGAL OR FIDUCIARY RESPONSIBILITY BETWEEN FEDSUBK AND CLIENT. CLIENTS ARE ADVISED TO HAVE ALL DOCUMENTS REVIEWED BY AN ATTORNEY PRIOR TO USE.
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