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- Compelled to resign, retire, or take demotion. See Legal Standards for Establishing Constructive Discharge (PDF free download of MSPB AJ Ribas' Initial Decision). It is not enough that you felt disgusted. Your health, to cite an extreme but common case, must be.
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same remedy as if he or she were discharged involuntarily.
The threshold to establish a constructive discharge, however, is higher or more difficult than for
The action voluntarily taken by the employee was a product of misinformation or deception on
the part of the Agency; or
- Such action was a product of Agency's coercive actions that made working conditions so
difficult or unpleasant that a reasonable person in that employee's position would have felt
compelled to resign, retire, or take demotion.
See Legal Standards for Establishing Constructive Discharge (PDF free download of MSPB AJ
It is not enough that you felt disgusted. Your health, to cite an extreme but common case, must be
or retire (on disability or otherwise on regular retirement). Or the working condition was so
deficiency, career deadlock, etc.. Or, your financial hardship (in the case of retaliatory or
better job, etc. Or, to cite yet another common example, due to denied reasonable accommodation,
was forced upon you due to the intolerable working condition which in turn was caused by unlawful
disability, etc.). See a sample of a resignation letter under constructive discharge.
Also see harassment, and disparate treatment in the terms and conditions of employment.
Forced resignation, retirement, or demotion may be appeal to MSPB by claiming that your separation
reasonable person under your position would have felt no choice but to separate, as you did. For
must be established first, so as to invoke MSPB jurisdiction. Otherwise, MSPB does not have a
intolerable working condition and thus a constructive discharge, you can then argue
Initial Decision rendered for MSPB Western Regional Office
discrimination/retaliation, such cases are categorized as 'mixed cases,' meaning they could involve
age, sex, disability, or prior EEO activity, etc. If you do not claim discrimination/retaliation as part of
The Compelled Pdf Free Download FreeMSPB hearing for more.
Disability discrimination, OWCP, disability retirement and Workers' Comp.
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