Q & A Session – Constructive Discharge


Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.


As I understand it, when a person files an EEO complaint that includes allegations of retaliation, discrimination based on race, reprisal, age and constructive discharge, it becomes a mixed case with appeal rights to the Merit Systems Protection Board (MSPB). Before I received the decision letter, I asked the agency to drop the constructive discharge charge but it refused to do so. My case is now with MSPB but I want it to go to EEOC. Is there any way that the case can be remanded to EEOC? Is it possible to win on retaliation and discrimination even if I lose on constructive discharge? Is there an appeal to the EEOC on the discrimination issues after MSPB renders its decision?


If you drop the constructive discharge claim, you cannot be reinstated, even if you win the other claims. Dropping your constructive discharge could affect the whole case.

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

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About Author

Debra Roth

Debra L. Roth is a partner at the law firm Shaw Bransford & Roth, a federal employment law firm in Washington, D.C. She is general counsel to the Senior Executives Association and the Federal Managers Association, host of the “FEDtalk” program on Federal News Radio, and a regular contributor to Federal News Radio’s “Federal Drive” morning show. Email your legal questions to lawyer@federaltimes.com.

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