Ethics Rules for Employees Leaving Federal Service
Let's say that you are considering employment other than in federal service. While you are not generally prohibited from doing so, you must abide by the federal ethics rules regarding seeking and negotiating for employment. You need to know what those rules are and when you trigger the restrictions. You may need to recuse from working on certain matters that involve the prospective employer. Read on to understand the difference between seeking and negotiating for employment and what your ethics obligations are at each stage.
Please Note: If you are an EPA employee who is on administrative leave, please go here
Seeking Non-Federal Employment
Employment means any form of non-Federal employment or business relationship involving the provision of personal services by the employee, whether to be undertaken at the same time as or subsequent to Federal employment. It includes but is not limited to personal services as an officer, director, employee, agent, attorney, consultant, contractor, general partner, or trustee. See 5 CFR 2635.603(a)
Seeking employment begins when you communicate, respond, or negotiate about possible employment with a potential future employer, regardless of who initiates the contact. Seeking employment can include:
- sending a resume or completing a job application;
- being approached by a potential employer and you make any response other than a rejection, including a response deferring the conversation to a later date; or
- using a headhunter or agency to search for potential employment, if you know the identity of the potential employers the headhunter is contacting on your behalf.
| You are seeking employment when: | You are NO LONGER seeking employment when: |
|---|---|
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Disqualification Requirement When Seeking Employment
You must recuse from participating in EPA matters affecting the financial interests of a prospective employer once you begin to “seek employment” with any non-federal entity.
Examples
| Example | Recuse (Yes/No) |
|---|---|
| You talk to a headhunter but don’t know the identity of the possible employer | No need to recuse until you know the name of the possible employer |
| You talk to friends for general networking ideas or contacts | No need to recuse until you submit a resume or application to a specific job or company |
| “Not interested now, but talk to me after I retire" | No, You are NOT seeking employment |
| “I’ll make a decision on your situation and then we can talk about a possible job” | Yes, you must recuse and cannot make the decision |
Negotiating for Employment
Negotiating for Employment means discussion or communication with another person, or such person's agent or intermediary, mutually conducted with a view toward reaching an agreement regarding possible employment with that person. The term is not limited to discussions of specific terms and conditions of employment in a specific position. See 5 CFR 2635.603(b)(1)(i)
Once you begin negotiating employment or you enter into an arrangement for future employment with a potential non-Federal employer, a criminal ethics statute, 18 U.S.C. § 208(a), requires your disqualification from any particular matter that has a direct and predictable effect on the financial interests of the potential non-Federal employer. You must recuse from “particular matters” that involve deliberation, decision, or action that is focused upon the interests of (1) specific persons or (2) a discrete and identifiable class of persons.
You remain disqualified and/or recused from particular matters involving a potential future employer until:
- either you or that potential employer terminates the possibility of future employment;
- you terminate your service at EPA after accepting an offer of employment; or
- your seeking and negotiating activities prove unsuccessful.
Here is a chart to help you know where you are in the process and what your obligations are.
TYPE AND STATUS OF JOB APPLICATION | MATTERS OF GENERAL APPLICABILITY (official actions that affect the entire sector or discrete industry, such as legislative initiative, rulemaking or policy determination) | SPECIFIC PARTY MATTERS (official matters that affect the prospective employer as an identified party, such as grant, contract, license, permit, lawsuit ) |
|---|---|---|
Unsolicited application (but haven’t heard anything so far) | OKAY to participate | RECUSE from participation |
Unsolicited application (but haven’t heard anything in two months) | OKAY to participate | OKAY to participate |
| They are interested in you | RECUSE from participation | RECUSE from participation |
Notification Requirements When Seeking and Negotiating Employment
You are not required to notify your supervisor and co-workers that you are seeking or negotiating employment. However, when you are disqualified from participating in a particular matter, we recommend that you consider notifying the person responsible for your assignments. We further recommend that you consult with your Deputy Ethics Official and document your disqualification in order to establish compliance with the ethics regulations on seeking employment.
Public Filers: If you file a Public Financial Disclosure Report (OGE Form e-278), then you must notify EPA Ethics of employment negotiation within 3 business days (required by law). This requirement is triggered as soon as you take a meaningful step toward reaching an agreement (even if not quite at the point of discussion about actual terms of employment). Use this Negotiations Notification Form for Digital Signature (pdf) and submit it to ethics@epa.gov
Post-Government Employment
After you leave Federal service, 18 U.S.C. § 207 imposes certain post-employment restrictions that may limit the type of work you may perform for your new employer for certain periods of time. Specific information regarding the post-employment rules per appointment type are found in these advisories:
Still at EPA or on Administrative Leave
Post-Employment Guide for Career GS Non Supervisors - still at EPA or in admin leave (pdf)
Post-Employment Guide for Career GS Supervisors - still at EPA or in admin leave (pdf)
Post-Employment Guide for Career SES SL ST T42 - still at EPA or in admin leave (pdf)
Already Left EPA
Post-Employment Guide for Career GS Non Supervisors who have Already Left EPA (pdf)
Post-Employment Guide for Career GS Non Supervisors who have Already Left EPA (pdf)
Post-Employment Guide for Career SES SL ST T42 who have Already Left EPA (pdf)