Posted on March 10, 2012 in Administrative Law
The question of whether a Federal or Postal employee should (or should not) resign from the job is one which cannot be answered in a vacuum. Various considerations should be taken into account, but generally speaking, the rule of thumb which the undersigned writer poses in any circumstance is: What is the compelling reason to do so, such that by resigning, one triggers the Statute of Limitations on filing for Federal Disability Retirement? Certainly, there are dire circumstances which may necessitate a resignation: being able to access TSP funds because one cannot work because of one’s medical conditions, and one has no other means of support during the process; a pending non-medical adverse action which cannot reasonably be argued against, which may collaterally impact a Federal Disability Retirement application, with a settlement choice to resign for "medical reasons"; and some similar factual scenarios which may indeed warrant and dictate a resignation. On the other hand, by remaining on the rolls of the Federal sector job, there are multiple advantages which may unfold for the future, including the assertion of the Bruner Presumption when the Federal Agency realizes that the Federal Disability Retirement package clearly shows an inability to perform one or more of the essential elements of one’s job and proceeds to remove the Federal or Postal worker based upon the medical inability to perform; a lack of triggering the Statute of Limitations, thereby extending the timeframe for multiple future attempts in filing for Federal Disability Retirement benefits; and other issues which need to be considered. Resignation is an event of certainty, with no reversal; and in all such certainties, it should be done only if compelled by circumstances, facts and considered thoughtfulness.
Sincerely, Robert R. McGill, Esquire
The question of whether a Federal or Postal employee should (or should not) resign from the job is one which cannot be answered in a vacuum. Various considerations should be taken into account, but generally speaking, the rule of thumb which