An African-American male who worked as a public safety officer for a city for 23 years claimed that he was subjected to heightened scrutiny, selectively enforced policies, and harassment and discrimination by various individuals which the employer was complicit in, all on the basis of either his race or his complaints about discrimination. He pointed to a performance evaluation downgrade, denials of a request to attend outside training, and tampering with an "Obama screensaver" on his computer. After he filed two EEOC charges, he was involved in a conflict with other officers at an event at which President Obama was present. After information about the incident appeared in the press, he resigned, but claimed that he was constructively discharged. A federal appeals court found that he failed to show that he had been constructively discharged, defeating his race discrimination claim. It also ruled, however, as to his Title VII retaliation claim, that the requirement that he show a "materially adverse action" for retaliation was substantially different than the "adverse employment action" element in a Title VII race discrimination claim, so the fact that he could not show that he was constructively discharged did not dispose of his retaliation claim, given the presence of evidence of other adverse employment actions. For retaliation, he only needed to show that an action might have dissuaded a reasonable employee from asserting or supporting a discrimination charge. The appeals court rejected a First Amendment retaliation claim, since there was no evidence that he had complained about a purported illegal activity. Laster v. City of Kalamazoo, #13-1640,2014 U.S. App. Lexis 4700, 2014 Fed App. 48P (6th Cir.).
     When a federal agency contractually agrees to provide an employee with a clean record, that precludes the agency's disclosure of contrary information. An employee or former employee need not show actual harm to establish that the agency's disclosure constituted a material breach. Doe v. Dept. of the Army, #CH-0752-08-0412-C-1, 2011 MSPB 45.
     Georgia firefighter was not coerced into offering his resignation. He was given advance notice of a hearing, was informed of the alleged violations, the intent to terminate him, and an opportunity to defend against the accusations. Ross v. City of Perry, #09-15392, 2010 U.S. App. Lexis 19662 (11th Cir.).
     A decision to resign or retire, rather than risk an unfavorable civil service board decision, with loss of pension benefits, does not make a resignation involuntary. Palka v. Shelton, #08-4245, 2010 U.S. App. Lexis 20708 (7th Cir.).
     A federal employee's voluntary resignation is not reviewable by the Merit Systems Personnel Board, but the Board has jurisdiction when a resignation is involuntary. "A resignation is involuntary if the agency made misleading statements on which the employee reasonably relied to her detriment ... [and] a threat of adverse action is coercive if the agency knows or should know that it cannot be substantiated." Costa v. M.S.P.B. (Dept. of Justice), #2010-3054, 2010 U.S. App. Lexis 21247 (Unpub. Fed. Cir.).
     Eleventh Circuit declines to overturn an allegedly coerced resignation of a sheriff's detective for untruthfulness and conduct unbecoming. She sued, claiming sexual harassment and retaliation for reporting the harassment. However, fifteen witnesses observed her engage in sexually inappropriate behavior while off duty at a retirement party. She was not coerced; she resigned to avoid a blemish on her employment record, and her choice was made with the assistance of counsel and a union representative. Rademakers v. Scott, #09-11076, 2009 U.S. App. Lexis 23735 (Unpub. 11th Cir.).
     In adjudicating claims of coerced resignations, a party must show that he or she was deprived of free choice and had no option but to resign. To prevail, a party needs to prove (1) the resignation or retirement was based on threats of adverse action; or (2) the resignation or retirement was based on “alleged misinformation and deception;” or (3) the resignation or retirement was coerced through “working conditions so intolerable” that the employee was forced to leave. Russell v. M.S.P.B., #2008-3265, 2008 U.S. App. Lexis 24504 (Unpub. Fed. Cir.).
     A sergeant was not constructively discharged when he resigned to protest his transfer out from a patrol position; an alleged death threat he received on his voice mail was incoherent and was made by unidentifiable caller. Potts v. Davis County, #07-4139, 2009 U.S. App. Lexis 40 (10th Cir.).
     Federal appeals court rejects the constructive discharge suit filed by a sheriff’s officer who quit, following his reinstatement (after challenging his termination). He was reassigned to court security duties instead of patrol duties, and lost the opportunity to earn differential pay. He was not entitled to be restored to his former assignment as a patrol officer or to receive preferential pay. Potts v. Davis County, #07-4139, 2009 U.S. App. Lexis 40 (10th Cir.).
     Arbitrator follows the "unanimous conclusion" of other arbitrators that a resignation may not be revoked after the employer has hired a replacement worker. American Standard and United Steel L-1538, FMCS Case No. 07/04608, 124 LA (BNA) 1537, (Franckiewicz, 2008).
     Arbitrator holds that a state worker "resigned" when she took off the lanyard that held her ID and key card and then threw them on the supervisor's desk saying "I'm out of here." Ohio Lottery Commission and Ohio Civ. Serv. Employees Assn., Grievance #22-01-20060825-007-01-14, 124 LA (BNA) 691 (Murphy, 2007).
     Although an employee may feel compelled to resign because of employer actions that are perceived of as unfair, subjective feelings do not establish that a reasonable person would feel compelled to resign. Management's demands that an employee produce quality work and comply with agency policies are proper and would not prompt a reasonable person to resign. Shelborne v. Merit Systems Protection Board, #2007-3003, 2007 U.S. App. Lexis 11177 (Unpub. Fed. Cir.).
     A resignation may not be rescinded after it has been accepted. The employee admitted violating a workplace violence policy and a refusal to allow him to withdraw his resignation did not constitute an abuse of discretion. Pishotti v. N.Y. State Thruway Auth., #501387, 2007 NY Slip Op 02459, 2007 N.Y. App. Div. Lexis 3655.
     "An employee-initiated action, such as a resignation, is presumed to be voluntary, and thus outside the Board's jurisdiction, unless the employee presents sufficient evidence to establish that the action was obtained through duress or coercion or shows that a reasonable person would have been misled by the agency." The Merit Systems Protection Board lacks jurisdiction over the an allegation that management coerced his resignation in retaliation for his alleged whistleblower activities. Neice v. Dept. of Homeland Security, #SF-0752-06-0030-I-1, 2007 MSPB 85.
     A GSA employee's demotion from a probationary GS-14 position to GS-13 would not have coerced a reasonable employee to resign, and does not constitute a constructive discharge. Moody v. MSPB, #06-3432, 2007 U.S. App. Lexis 3051 (Unpub. Fed. Cir. 2007), affirming 2006 MSPB Lexis 4655 (2006).
     Although a deputy's actions should be interpreted as a resignation, it was not effective because the sheriff never accepted it. The sheriff's action in terminating her could therefore be appealed. Gallagher v. Ross County Sheriff, #06AP-942, 2007-Ohio-847, 2007 Ohio App. Lexis 729 (10th App. Dist.).
     After a Sheriff's Dept. employee was denied a transfer, he quit and sued for constructive discharge. There was no proof that the conditions of his work environment were so intolerable that the conditions compelled resignation, and the action was dismissed. Dixon v. Bradshaw, #06-10332, 2007 U.S. App. Lexis 5 (Unpub. 11th Cir.). [N/R]
     Arbitrator holds that a police officer, who exhausted his extended sick leave after being accused of rape, abandoned his job when he failed to return to work and was not entitled to reinstatement. His stress defense failed because he voluntarily canceled therapy visits. City of Newark and FOP Ohio, FMCS #050809-05133-8 (Byrne, 2006). [2006 FP Oct]
    Arizona appellate court holds that a merit or civil service commission has jurisdiction to hear the claim of a former employee who alleges that his or her resignation was coerced and was a constructive discharge. LaWall v. Pima County Merit Sys. Cmsn., #2 CA-CV 2005-0140, 2006 Ariz. App. Lexis 34. {N/R}
     During a confrontation with a superior, a deputy handed her keys to the sheriff and left the building. Arbitrator upholds management's interpretation of her actions as a resignation. Auglaize County Sheriff and Ohio Patrolmen's Benev. Assn., 121 LA (BNA) 311, FMCS Case #05/50289-8 (Goldberg, 2005). [2005 FP Nov]
     Federal appeals court rejects a claim that a police officer's resignation, in lieu of facing disciplinary charges which could lead to her termination, was a constructive discharge, even if she alleged claims of gender bias and retaliation. Driggers v. City of Owensboro, #02-6527, 110 Fed. Appx. 499, 2004 U.S. App. Lexis 18185 (Unpub. 6th Cir. 2004). {N/R}
     "An early retirement request, initiated by an employee, is presumed to be a voluntary act, and where an employee is faced merely with the unpleasant alternatives of resigning or being subject to removal for cause, such limited choices do not make the resulting resignation an involuntary act." Keyes v. Dist. of Columbia, #03-7155, 372 F.3d 434, 2004 U.S. App. Lexis 12851 (D.C. Cir. 2004). {N/R}
     U.S. Supreme Court declines to review an Oklahoma appeals court ruling that concluded that a public employee's angry phone call to superiors, where she said she had "quit playing ball" and they could find another "flunky to pick on" could be interpreted as an oral resignation, and that she forfeited any further rights of due process. Burkhardt v. Oklahoma ex rel. Dept .of Rehab. Serv. (Unpub. Okla. App. 2003); cert. den. 2004 U.S. Lexis 3868, 72 U.S.L.W. 3732 (2004). {N/R}
     Arbitrator finds that a "resign or be fired or prosecuted" ultimatum was a constructive discharge, and the officer's prompt withdrawal of his resignation was binding on the agency. Lucas Co. Sheriff and Ohio PBA, 118 LA (BNA) 1673, FMCS #03/01146 (Weisheit, 2003). [2003 FP Mar]
     A divided federal appeals panel holds that a Jehovah's Witness, who was a cadet with the Washington State Patrol, was not constructively discharged for his unwillingness to salute the flag or take an oath. He resigned before he was threatened with disciplinary action. Lawson v. St. of Washington, #00-35458, 296 F.3d 799, 2002 U.S. App. Lexis 14001, 89 FEP Cases (BNA) 385 (9th Cir. 2002). {N/R}
     Former police officer could maintain a law suit against the chief for false representations relating to rehiring him, but not for breach of contract. The administrative review law precludes the later. Ross v. City of Freeport #2-99-1445, 319 Ill. App.3d 835, 746 N.E.2d 1220, 2001 Ill. App. Lexis 223. {N/R}
     A depressed detective, who resigned after he was accused of misconduct, loses his ADA "hostile environment" claim in the 10th Circuit. Anthony v. City of Clinton, #98-6188, 1999 U.S. App. Lexis 13229 (10th Cir.). [1999 FP 169-170]
     Sheriff was not legally required to allow a deputy to withdraw his resignation. Haberer v. Woodbury Co., 360 N.W.2d 571 (Iowa 1997). [1998 FP 59]
     Federal appeals court strikes down a resignation and release form because employees were only given 24 hours to consider their decisions. Puentes v. U.P.S., 86 F.3d 196, 71 FEP Cas. 106, 1996 U.S. App. Lexis 14861 (11th Cir.). [1996 FP 155-6]
     Where an employee is told to quit or be fired, such limited choices do not make the resulting resignation an involuntary act. Hall v. DoJ, #97-3276, 1997 U.S. App. Lexis 29902 (Fed.Cir.). {N/R}
     A public employee who voluntarily retires has no right of appeal unless the retirement was involuntary and tantamount to a forced removal. Mueller v. U.S. Postal Serv., 76 F.3d 1198, 1201 (Fed. Cir. 1996). {N/R}
     N.Y. appellate court rules that a "resign or be fired" ultimatum was not duress or coercion. Mandel v. Mosca, 628 N.Y.S.2d 188 (A.D. 1995). [1996 FP 62]
     Federal appeals court upholds voluntary nature of a city employee's resignation, even though he was warned he would be prosecuted if he did not immediately resign. Hargray v. City of Hallandale, 57 F.3d 1560 (11th Cir. 1995). [1996 FP 11]
     Police officer's "irrevocable" resignation could not be withdrawn because of an ADA claim of stress and alcoholism. Graehling v. Vil. of Lombard, 58 F.3d 295 (7th Cir. 1995). [1995 FP 172]
     NY app. ct. upholds refusal of a public employer to allow an employee to withdraw his resignation after it was accepted. Schweit v. Abate, 606 N.Y.S.2d 670 (A.D. 1994). {N/R}
     Federal court holds that a employee's resignation, asked for by management, was not constructive discharge because an employee can refuse to resign. Management had a right to ask for the resignation because the employee had been arrested for male prostitution. Houston v. Belk Store Services, 10 IER Cases (BNA) 921 (D.S.C. 1995). {N/R}
     Federal appeals court rejects a suit for falsely inducing the resignation of an at-will employee. Stromberger v. 3M Co., 990 F.2d 974 (7th Cir. 1993). [1994 FP 10]
     NY appellate court orders reinstatement of officer who resigned under investigation, so that he can defend himself against allegations of misconduct. Davila v. N.Y.C. Housing Auth., 593 N.Y.S.2d 12 (A.D. 1993). [1993 FP 156]
     An employee's resignation will not be set aside unless it was coerced. Telling an employee he will be fired and a dismissal might impair future employment opportunities is not coercion. Stafandel v. Sielaff, 575 N.Y.S.2d 304 (A.D. 1991). {N/R}
     A resignation is not coerced if superiors inform an employee that a termination could jeopardize future employment opportunities. Stafandel v. Sielaff, 575 N.Y.S.2d 304 (A.D. 1991). [1992 FP 172]
     An employee's resignation is presumed voluntary, unless coercion is proved. Factors which bear on Vountariness include whether the employee was given an alternative, understood the choice, was given a reasonable time to make a decision, and was allowed to select the date of resignation. The resignations in this case were not voluntary. Angarita v. St. Louis Co., 981 F.2d 1537 (8th Cir. 1992). {N/R}
     Employee has no "right" to withdraw his resignation, even though he sought to do so before the effective date. Employer need not provide a hearing before rejecting attempted rescission of resignation. Smith v. Kunkel, 544 N.Y.S.2d (A.D. 1989).
     Employment rule which states that unexcused five-day absence from work constitutes an automatic “resignation” is valid. Williams v. Dept. of Personnel Admin., 88 Daily App. Rep. 1078 (Cal.App. 1988). (The decision was appealed to the California Supreme Court, #88-44.)
     Civil service commission can refuse an employee's resignation, continue proceedings and terminate the employee. In Matter of Larkin, 415 N.W.2d 79 (Minn. App. 1987).
     If an employee can show that the agency knew that the reason for the threatened removal could not be substantiated, that action is coercive and makes a resignation involuntary. Schultz v. U.S. Navy, 810 F.2d 1133, at 1136 (Fed. Cir. 1987). {N/R}
     A retirement is deemed involuntary if it resulted from misinformation or deception by the agency. Covington v. H.H.S., 750 F.2d 937 (Fed. Cir. 1984). {N/R}
     Fire chief's threat to expose lieutenant to media for alcoholism and for using laughing gas was not duress; resignation effective. Enslen v. Vil. of Lombard, 470 N.E.2d 1188 (Ill.App. 1984); Britton v. City of Trinidad, 687 P.2d 523 (Colo. App. 1984).
     Job stress excused retail theft; resignation set aside on grounds employee would have been dismissed. Dept. of Public Safety, Div. of State Police, 461 A.2d 98 (N.H. 1983).
     Prompt withdrawal of letter of resignation must be accepted. Wonderly v. Div. of N.Y. St. Police, 438 N.Y.S.2d 611 (A.D. 1981).
     False threats of criminal prosecution unless employee resigns violates federal rights of tenured employees. Bishop v. Tice, 622 F.2d 349 (8th Cir. 1980).
     Threats to file criminal charges unless subordinate resigns is duress, where vested pension could be forfeited. Head v. Gadsen Civil Serv. Bd., 380 So.2d 516 (Ala. App. 1980), cert. denied, 389 So.2d 520 (Ala. 1980).
     Coerced resignation is equivalent to dismissal of employee. Himmelbrand v. Harrison, 484 F.Supp. 803 (W.D. Va. 1980).
     Agreement to let employee resign and not to give unfavorable recommendations is enforceable; $100,000 jury verdict ensued. Case to be retried due to trial error. Nadeau v. County of Ramsey, 277 N.W.2d 520 (Minn. 1979).
     Delivery of resignation precludes later disciplinary action. Stearns v. Bd. of Fire & Police Cmsnrs. of Carbondale, 375 N.E.2d 877 (Ill.App. 1978).
     Resignation cannot be withdrawn before effective date if already accepted. Civil Serv. Bd., City of Ft. Lauderdale v. Carter, 363 So.2d 858 (Fla. App. 1978).
     Resignations are effective on delivery. Stearns v. Bd. of Fire & Police Cmsnrs. of Carbondale, 375 N.E.2d 877 (Ill.App. 1978).
     Allegations of "forced" resignations must be timely filed. Badeaux v. Dept. of Police, 363 So.2d 1238 (La. App. 1978).
     Right to withdraw resignation before effective date qualified. Armistead v. State Personnel Bd., 149 Cal.Rptr. 1 (1978) (prior decision at 140 Cal.Rptr. 227 vacated and reversed).
     Resignation, based on one dollar and agreement to not prosecute is insufficient to support officer's release of pay claims. Murphy v. Rochford, 371 N.E.2d 260 (Ill.App. 1977).
     No right to appeal for officers who resigned rather than face misconduct charges. Hess v. Bennett, 554 S.W.2d 503 (Mo.App. 1977).
     See also: Disciplinary Offense; Political Activity; Vacation Pay.