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Employee?s resignation rescinded based on Supreme Court's finding that it was coerced

Employee?s resignation rescinded based on Supreme Court's finding that it was coerced
Miller v New York City Dept. of Education, 2010 NY Slip Op 31210(U), May 11, 2010, Supreme Court, New York County, Judge Jane S. Solomon [Not selected for publication in the Official Reports]

The general rule is that once the public officer or employee delivers his or her resignation to the appointing authority or appointing authority's designee, approval of a request to withdraw or rescind the resignation is subject to the discretionary approval of the appointing authority.*

Adam Miller, a New York City school teacher with tenure, and his principal had difficulties and ultimately he submitted his resignation from his position.

Miller alleged that he had submitted his resignation after Joseph D'Amico, a union official confirmed with Miller's then principal that her policy was: "[I]f she had a signed resignation letter,? she would give the individual a satisfactory evaluation and in the event the individual found another position ?during the summer, then the resignation would not take effect, she would simply release the person."

When Miller subsequently attempted to obtain a teaching position at another Department of Education school, he was unsuccessful. The reason for this, he discovered, was that his former principal had not changed his "Unsatisfactory" rating to a Satisfactory rating.

When the New York City Department of Education refused to allow Miller to withdraw his resignation, he file a petition pursuant to Article 78 in an effort to obtain a court order directing the Department to void the resignation and reinstate him to his former position.

Miller argued that the principal had induced him to resign by ?dishonestly promising to change his 'U' rating to an 'S' rating."

The Department did not deny that principal had made such a representation. Rather, the Department argued, the principal's promise was premised on Miller resigning before the unsatisfactory rating was issued, which he failed to do.**

Judge Solomon held that while ?A teacher may voluntarily relinquish tenured rights by
resigning ... a teacher's resignation which has been obtained by fraud or which is the result of coercion or duress does not represent a voluntary act and may be nullified".

Finding that Miller's resignation was the result of such coercion and dishonesty, the court nullified his resignation and directed his reinstatement with back salary.

Sometimes an appointing authority will demand that the employee does not submit his or her resignation, he or she will be served with disciplinary charges. The employee elects to submit the resignation only to later attempt to withdraw it based on the claim that it was coerced.

A demand for the resignation under such circumstances, however, may not constitute coercion.

For example, in Rychlick v Coughlin, 63 NY2d 643, the Court of Appeals ruled threatening to do what the appointing authority had a right to do -- i.e., file disciplinary charges -- did not constitute coercion so as to make the resignation involuntary.

* Except where required by law, acceptance of a resignation is not required for it to take effect; all that is required is that the resignation be delivered to the appointing authority before it is withdrawn or rescinded by the officer or employee.

** Judge Solomon noted that the Department failed to submit any affidavit signed by the principal nor was the answer submitted to the court verified by her. In a ?missing witness situation,? as the court found was here the case, ?the court, as trier of fact, may draw the strongest inference that the opposing evidence permits.?

The decision is posted on the Internet at: http://www.courts.state.ny.us/reporter/pdfs/2010/2010_31210.pdf

Full post as published by New York Public Personnel Law on May 24, 2010 (boomark / email).