Seeking and Negotiating Employment 5 CFR section

Transcript:Seeking and Negotiating Employment 5 CFR section:
Seeking and Negotiating Employment 5 CFR section 2635.602 Subpart F—2635.601(a) Disqualification requirement: When prospective employer’s financial interest can be affected by government matters employee works on Seeking Restrictions No requirement to cease and desist job search activities Seeking Restrictions Implement BOTH: Criminal provisions of 18 USC section 208 Broader provisions of EO 12674, section 101(j) Subpart F Restrictions Negotiating or arrangement for employment Criminal restriction Subpart F 18 USC 208 Pre-negotiation communications Regulatory restriction Subpart F Rationale Behind Subpart F Prophylactic measure to keep employees well away from violating § 208 Can the employee’s official duties affect the prospective employer? Is the employee seeking or negotiating employment? 9 Ethics Official—Job Search Analysis Personal and substantial participation Particular matter Financial interest of prospective employer Direct and predictable effect 10 Official Duties Affect Prospective Employer? Is the employee seeking employment? Can the employee’s official duties affect the prospective employer? 11 Employee—Analyzing Job Searches 2635.603(a)—Non-federal “employment” defined What is “Employment?” 2635.603(b)(1) What is “Seeking Employment?” 2635.603(b)(1)(ii)(A) and (B) (A) Request an application (B) Submit a resume to someone affected by employee’s duties as part of an industry or discrete class 14 Not Seeking Employment John goes to Macy’s over his lunch hour and asks the store manager for a job application to fill out. Unless or until John submits the application to Macy’s he is NOT yet seeking employment with Macy’s. Examples of NOT Seeking Employment 2. Jane is working on a program that will create incentives for the development of alternative fuels. She has sent her resume to various companies some of which are ethanol producers. Because the companies in question would only be affected by the program Jane is working on as part of an industry or discrete class, she is NOT yet seeking employment unless or until she receives a response indicating interest in employment discussions. Examples of NOT Seeking Employment Unilateral communication about possible employment is initiated by: Employee Employer Intermediary 17 Seeking Begins—2635.603(b)(1)(ii) and (iii) Bilateral communication about possible employment: Not limited to discussions of specific terms 18 Negotiating Begins— 2635.603(b)(1)(i) 1. I’ve just posted my resume on several on-line resume posting sites. Am I Seeking? 2. I’ve just received an email from someone indicating interest in my resume. I do not respond. Am I Seeking? 3. I’m using a headhunter and she just called to tell me 2 prospective employers are looking at my resume. Am I