When the government makes your job unbearable, and you feel you have no choice but to quit, that’s not a true resignation — it’s a constructive removal.
If your agency forces you out through harassment, retaliation, false charges, or medical pressure, the law still protects you.
At the National Security Law Firm (NSLF), the nation’s leading federal employment lawyers, we’ve helped hundreds of federal employees prove that their “voluntary” resignation or absence was really a constructive suspension or removal — and we’ve won reinstatements, back pay, and cleared records in the process.
This guide explains how these cases work, how to recognize the signs, and how to fight back before it’s too late.
Understanding Constructive Actions: When “Voluntary” Isn’t Voluntary
The Merit Systems Protection Board (MSPB) recognizes that not every resignation, retirement, or absence from duty is truly voluntary.
A “constructive” action occurs when agency conduct effectively forces an employee to leave, even though no formal removal or suspension letter was issued.
Common Types of Constructive Actions
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Constructive Removal: When an employee is coerced to resign or retire to avoid a proposed removal or investigation.
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Constructive Suspension: When an employee is forced off duty or placed on leave against their will — often pending medical review, security clearance suspension, or investigation.
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Involuntary Retirement: When an agency pressures an employee into retirement by misrepresenting options or creating intolerable conditions.
If your “choice” was the result of agency coercion, misinformation, or retaliation, the MSPB may treat it exactly like a removal — with full reinstatement rights.
Legal Foundation
Under 5 U.S.C. §§ 7511–7514 and 5 C.F.R. Part 752, federal employees can appeal adverse actions that are “involuntary.”
The MSPB will accept jurisdiction over a resignation or retirement if the employee proves by preponderant evidence that it was the product of:
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Coercion (e.g., threats, misrepresentation, pressure tactics)
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Intolerable working conditions
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Agency misinformation or deception
The Board has long held that “resignations obtained by duress, coercion, or misrepresentation are involuntary.” (Scharf v. Department of the Air Force, 710 F.2d 1572 (Fed. Cir. 1983)).
How Agencies Force Employees to “Quit”
Constructive actions rarely happen overnight. They’re usually the result of escalating pressure designed to make you walk away quietly.
Here are the most common patterns we see:
1. Threats of Removal or Criminal Referral
Supervisors warn, “If you don’t resign, you’ll be fired,” or, “Sign this agreement or we’ll refer this to the Inspector General.”
That is not a voluntary choice — it’s coercion, and it’s actionable.
2. Medical or Fitness-for-Duty Pressure
Agencies sometimes misuse medical disqualifications to push employees out, claiming you’re “unfit for duty” or requiring endless medical documentation.
If you’re placed on leave or told you can’t return until cleared, that may qualify as a constructive suspension.
3. Security Clearance Suspensions
When your clearance is suspended but the agency won’t reassign you or pay you, the result can be an indefinite constructive suspension.
The MSPB treats these as appealable adverse actions.
4. Harassment or Retaliation
Some employees resign because daily conditions become intolerable — retaliation after whistleblowing, discrimination, or harassment.
If a reasonable person in your position would have felt forced to quit, the MSPB can deem it involuntary.
5. Misrepresentation or Deception
If an agency misleads you about your rights — for example, claiming you can’t appeal if you don’t resign, or promising future rehire if you leave now — that’s a constructive removal through misrepresentation.
How to Prove a Constructive Removal or Suspension
Winning these cases requires evidence of pressure, deception, or improper motives.
At NSLF, our attorneys know exactly what the MSPB looks for.
Key Elements You Must Show
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The resignation or absence was involuntary.
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Agency actions or statements left you with no real alternative.
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There was coercion or misinformation.
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Threats, false statements, or intolerable conditions drove your decision.
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You acted promptly.
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You must file the MSPB appeal within 30 days of separation or forced leave.
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Evidence That Strengthens Your Case
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Emails, texts, or notes from supervisors showing pressure to resign
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Proof you were misinformed about your rights or options
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Witness statements from coworkers about agency pressure
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Medical documentation showing forced leave or clearance-related absence
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Any agency letter or record showing “voluntary resignation” under suspicious circumstances
Example: Winning a Constructive Removal Case
Example (Hypothetical)
A federal employee at DHS was told to “resign quietly or face a removal that would ruin your career.”
She signed the resignation but immediately contacted NSLF.
We gathered proof of threats and inconsistent HR statements, filed an MSPB appeal, and the judge found the resignation involuntary.
Result: Reinstatement with full back pay, benefits, and a clean SF-50.
What the MSPB Looks For
The MSPB applies a reasonable person standard.
Would a reasonable person in your situation have felt they had no choice but to resign or take leave?
If yes, and the agency’s conduct caused that situation, the Board has jurisdiction.
The Board will also examine:
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Timing between the agency’s actions and your resignation.
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Alternative options (were you given realistic choices?).
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Agency intent: Did management act to avoid due process obligations?
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Consistency: Did the agency treat others differently?
Our attorneys have served inside these very agencies — we know how their counsel build defenses and how to dismantle them.
How NSLF Proves and Wins These Cases
Our federal employment lawyers include former agency counsel — professionals who once advised agencies on removals and suspensions.
We know the bureaucratic playbook and how to flip it in your favor.
Our strategies include:
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Reconstructing the timeline of coercive events
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Obtaining internal HR and email records through discovery
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Highlighting false statements or missing due process
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Using comparators to show disparate treatment
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Leveraging Douglas and mitigation factors for reinstatement
We don’t just argue the law — we tell your story in a way that resonates with MSPB judges.
Filing Deadlines and Where to File
File your MSPB appeal within 30 days of:
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The effective date of your resignation, or
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The date you first realized the resignation or suspension was involuntary.
File online at MSPB e-Appeal.
If the case involves discrimination or retaliation (a “mixed case”), you may also file with the EEOC — but jurisdictional strategy matters.
NSLF can evaluate which forum offers you the best outcome.
Remedies You Can Win
A successful constructive removal or suspension appeal can restore your entire career:
✅ Reinstatement to your position
✅ Back pay for the period you were forced out
✅ Restoration of benefits and service credit
✅ Attorney’s fees
✅ Clean SF-50 removing any negative separation codes
✅ Potential damages for retaliation or discrimination
Our goal: not just to get you reinstated, but to restore your reputation and your peace of mind.
Why Choose NSLF for Constructive Removal or Suspension Cases
When Washington turns against you, you need a team that knows the system from the inside.
No other firm combines our insider background, litigation record, and nationwide reach.
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Insider Advantage: Former agency counsel.
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Veteran-Founded: Mission-driven discipline and integrity.
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Attorney Review Board: Senior attorneys collaborate on every major case.
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Proven Track Record: Hundreds of reinstatements and reversals secured.
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4.9-Star Google Rating across thousands of clients nationwide.
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Transparent Fees & Financing: No surprises, no hidden costs.
We don’t just defend federal careers — we restore futures.
Our Leadership Advantage: Why NSLF Is the Nation’s #1 Federal Employment Law Firm
Federal employees across the country trust NSLF because we lead the field — by every measure.
We’re the only firm that unites:
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Former Federal Insiders: DHS, TSA, CBP, and DOJ alumni who know every procedural lever.
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Veteran Foundation: Mission-ready discipline and purpose.
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National Reach, D.C. Power: Operating from the heart of federal employment law.
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Proven Results: Hundreds of careers restored and reputations rebuilt.
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Transparent Pricing & Financing: Elite defense accessible to everyone.
When your career is under attack, trust the command unit built to win: National Security Law Firm.
Employment Defense Resource Hub
Want insider playbooks and case strategies? Visit our Federal Employment Defense Hub for advanced resources on removals, suspensions, EEO, MSPB, and whistleblower retaliation.
Also see our guide: Finding the Best Federal Employment Lawyer — Why Local Isn’t Always Better.
Book a Free Consultation
If you were pressured to resign or forced off duty, act fast — MSPB deadlines are unforgiving.
Our attorneys can review your record, reconstruct what happened, and file your appeal before time runs out.
Book your free consultation.
Nationwide representation. Veteran-founded. Insider-driven.
National Security Law Firm: It’s Our Turn to Fight for You.