Facing an indefinite suspension as a federal employee is one of the most stressful experiences imaginable. You’ve been told you can’t work or be paid, but you’re not fired. You’re in limbo—waiting for an investigation, a clearance decision, a criminal case, or a medical determination that may take months or even years.

For many employees, the uncertainty is worse than the punishment. You’re left wondering:

  • How long can they keep me suspended?

  • Do I have any rights or recourse?

  • Can I challenge this before the Merit Systems Protection Board (MSPB)?

  • What happens if my clearance or criminal case is resolved?

At National Security Law Firm (NSLF), we represent federal employees nationwide before the MSPB, EEOC, and OSC in all forms of adverse actions—including indefinite suspensions for security clearance, criminal, and medical reasons.

Our attorneys are former federal insiders—agency counsel and adjudicators—who have handled these cases from both sides. We know how agencies think, how deciding officials justify indefinite suspensions, and how to defeat those justifications strategically.

Part I: Understanding Indefinite Suspensions

What Is an Indefinite Suspension?

An indefinite suspension is an adverse action where a federal employee is placed in a non-duty, non-pay status without a predetermined end date, pending resolution of a particular event or condition.

It is governed by 5 U.S.C. § 7513 and 5 C.F.R. Part 752, which cover all adverse actions involving more than 14 days.

When Agencies Use Indefinite Suspensions

Agencies most often invoke indefinite suspension in three scenarios:

  1. Security Clearance Suspensions or Revocations

  2. Criminal Charges or Arrests

  3. Medical or Fitness-for-Duty Uncertainty

The underlying rationale is “protection of the efficiency of the service”—but agencies frequently misuse this authority, stretching it beyond its lawful limits.

Part II: Legal Standards and Due Process Requirements

Legal Authority

Under the law, an indefinite suspension must be based on:

  1. A legitimate triggering event (e.g., clearance suspension, criminal charge, or pending medical determination).

  2. A clear nexus between that event and the efficiency of the service.

  3. Procedural due process, including:

    • Written notice.

    • Access to the evidence.

    • Opportunity to reply (oral and written).

    • Written decision from a higher-level official.

Failure in any of these areas can render the action procedurally defective and subject to reversal.

Case Example: McDougall v. USPS, 26 M.S.P.R. 368 (1985)

The MSPB held that an indefinite suspension is justified only if the agency demonstrates a legitimate reason to believe an event will occur that affects the employee’s ability to work and that the suspension will end upon the occurrence of that event.

Takeaway: The agency must define a clear “end point.” A suspension with no logical end date is unlawful.

Part III: Indefinite Suspensions Based on Security Clearance Issues

The Legal Framework

When a security clearance is suspended, agencies may remove an employee from duty if clearance access is essential to the job. However, the Board’s review authority is limited by Department of the Navy v. Egan, 484 U.S. 518 (1988), which held that the MSPB cannot review the substance of clearance determinations—only the procedures surrounding them.

What the MSPB Can Review

  • Whether the clearance was actually suspended or revoked.

  • Whether the employee’s position required access to classified information.

  • Whether the agency complied with due process before imposing suspension.

  • Whether the suspension was based on a bona fide loss of clearance, rather than speculation or retaliation.

Strategic Tips

  1. Demand proof that clearance access was formally suspended.

  2. Challenge the nexus—if your duties don’t require a clearance, the agency’s rationale collapses.

  3. Document delay—if adjudication lingers beyond six months, argue the suspension has become unreasonable and punitive.

  4. Coordinate with clearance counsel—NSLF’s dual clearance and federal employment teams collaborate to ensure both battles are fought strategically.

Part IV: Indefinite Suspensions Based on Criminal Charges

Legal Background

Agencies may impose indefinite suspension pending the outcome of criminal charges if they can show a “reasonable cause” to believe the employee committed a crime punishable by imprisonment and that the crime’s nature affects the efficiency of the service.

Post-Resolution Obligations

Once the criminal matter is resolved, the agency must promptly reinstate or take final action (e.g., removal). Failure to do so can result in a finding of constructive removal, entitling you to back pay.

Part V: Indefinite Suspensions for Medical or Fitness-for-Duty Reasons

Legal Basis

Medical indefinite suspensions typically arise when the agency questions an employee’s medical fitness and places them off-duty pending medical evaluation or recovery.

Agencies must still comply with Rehabilitation Act obligations, ensuring that employees are not discriminated against based on disability and that reasonable accommodations are considered.

Strategy for Medical Suspensions

  1. Submit medical documentation supporting your fitness or readiness to return.

  2. Request accommodation or reassignment in writing.

  3. Monitor agency delay—if the agency stalls on medical evaluations, file an MSPB appeal.

  4. Engage both EEO and MSPB channels—you may have overlapping discrimination claims.

Part VI: MSPB Review and Litigation Strategy

The Burden of Proof

At the MSPB, the agency bears the burden of proof by a preponderance of the evidence that:

  1. The indefinite suspension promotes the efficiency of the service; and

  2. The employee was afforded required due process.

The “Douglas Factors”

Although primarily applied in penalty analysis, Douglas v. Veterans Administration, 5 M.S.P.R. 280 (1981), provides valuable guidance for evaluating proportionality and fairness. If your indefinite suspension appears punitive or excessive, citing Douglas can bolster your case for reversal or settlement.

Unreasonable Duration and Constructive Removal

Prolonged indefinite suspensions can be challenged as constructive removals if the agency fails to act within a reasonable time after the triggering event. The MSPB has held in multiple cases that indefinite cannot mean indefinite forever.

Part VII: Settlement and Reinstatement Strategy

The best outcomes often come through negotiated resolution rather than litigation. Skilled counsel can leverage the agency’s procedural errors, delay, and cost exposure to secure reinstatement or favorable settlement terms.

Common settlement outcomes include:

  • Conversion of the suspension to administrative leave with back pay.

  • Reinstatement to duty following clearance or medical resolution.

  • Resignation or retirement in lieu of removal with neutral references.

  • Global settlements covering MSPB, OSC, and EEO claims.

At NSLF, we frequently use multi-forum leverage—MSPB appeal, OSC whistleblower complaint, and EEO charge—to increase negotiating power and case value.

Part VIII: Key Takeaways for Federal Employees

  • Indefinite suspensions are serious but defensible.

  • Agencies must define a triggering event and follow strict procedures.

  • Due process violations, lack of nexus, or prolonged delays can result in reversal and back pay.

  • You can appeal to the MSPB, often within 30 days of the suspension notice.

  • Having insider-experienced counsel dramatically increases your chance of success.

Why Choose NSLF

When the federal government is your opponent, you need more than a lawyer—you need a command unit that knows the system inside and out.

  • 4.9-star Google rating from clients nationwide.

  • Attorneys who are former DHS, TSA, CBP, and DOJ counsel—we know the agency playbook because we helped write it.

  • Washington, D.C. headquarters—the center of MSPB and federal employment litigation.

  • Nationwide representation—no matter where you serve, we can help.

  • Attorney Review Board that evaluates every major case for strategy and leverage.

  • Disabled veteran-founded—discipline, service, and honor guide everything we do.

  • Transparent flat fees and Affirm financing for accessibility.

  • Proven record of wins in indefinite suspension, removal, and MSPB appeals.

Our federal employment team—Jeff Velasco, Danielle Moora, and Karen Hickey—has over 60 years of combined government experience. They’ve defended the same agencies now threatening your job, and that insider perspective gives you the upper hand.

Federal Employment Defense Resource Hub

For more strategies, insider tactics, and comprehensive guides on defending your career, visit the Federal Employment Defense Hub.

You’ll find:

  • Step-by-step MSPB and suspension guides

  • Cost comparisons and fee transparency

  • Whistleblower and retaliation insights

  • Tips to maximize your case value and outcome

Also explore our feature article: Finding the Best Federal Employment Lawyer—Why Local Isn’t Always Better.

Book a Free Consultation

Don’t face your indefinite suspension alone. Every day you wait makes reinstatement harder and financial recovery more difficult. Let us help you regain control.

Schedule your free, confidential consultation today and speak with a federal employment lawyer who knows how to win against the government.

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National Security Law Firm: It’s Our Turn to Fight for You.