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Fedfox  
#1 Posted : Thursday, August 8, 2019 9:52:37 AM(UTC)
Fedfox

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If an agency fails to provide a reasonable accommodation, changes your level of supervision after returning from an extended sick leave, creates a work plan with unattainable timelines and issues a warning requiring you to request and attain approval in advance of sick leave would this be constructive discharge? The reasonable accommodation is needed to ensure my condition doesn’t get worse. The annual and mid-year assessments are exceeds fully successful. Medical notes were provided for the extended leave. Is there anyone I should/could ask for help...
FS0201  
#2 Posted : Thursday, August 8, 2019 10:04:57 AM(UTC)
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Originally Posted by: Fedfox Go to Quoted Post
If an agency fails to provide a reasonable accommodation, changes your level of supervision after returning from an extended sick leave, creates a work plan with unattainable timelines and issues a warning requiring you to request and attain approval in advance of sick leave would this be constructive discharge? The reasonable accommodation is needed to ensure my condition doesn’t get worse. The annual and mid-year assessments are exceeds fully successful. Medical notes were provided for the extended leave. Is there anyone I should/could ask for help...


I think you would need to provide more details, such as the type of reasonable accommodation requested, and how management responded. Management isn't obligated to grant the accommodation of preference, but one that will reasonably and effectively allow the employee to perform the essential functions of the position. Changing supervision, having high expectation, and requiring approval for use of leave do not sound out of line. How was the situation/working condition so difficult, unpleasant, or intolerable that a reasonable person in your position would feel compelled to resign?
The excuse of, "I read it on FederalSoup..." won't work. Please do your due diligence.
thanks 1 user thanked FS0201 for this useful post.
frankgonzalez on 8/8/2019(UTC)
frankgonzalez  
#3 Posted : Thursday, August 8, 2019 10:57:05 AM(UTC)
frankgonzalez

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Originally Posted by: FS0201 Go to Quoted Post
Originally Posted by: Fedfox Go to Quoted Post
If an agency fails to provide a reasonable accommodation, changes your level of supervision after returning from an extended sick leave, creates a work plan with unattainable timelines and issues a warning requiring you to request and attain approval in advance of sick leave would this be constructive discharge? The reasonable accommodation is needed to ensure my condition doesn’t get worse. The annual and mid-year assessments are exceeds fully successful. Medical notes were provided for the extended leave. Is there anyone I should/could ask for help...


I think you would need to provide more details, such as the type of reasonable accommodation requested, and how management responded. Management isn't obligated to grant the accommodation of preference, but one that will reasonably and effectively allow the employee to perform the essential functions of the position. Changing supervision, having high expectation, and requiring approval for use of leave do not sound out of line. How was the situation/working condition so difficult, unpleasant, or intolerable that a reasonable person in your position would feel compelled to resign?
The courts have generally accepted that a resignation or retirement is a voluntary act unless the work conditions are so severe that no reasonable person could remain. This is a very high bar. They also use the phrase that the choice between two negative options (resign/retire or be terminated for example) is still a voluntary choice and not a constructive discharge.

The office you can ask for some assistance would be your People With Disabilities Program Coordinator (PWD) or equivalent. That said, as FS0201 already said, the agency only is required to provide what you need, not what you want, as long as it is not an undue hardship. Without more details (and you can PM me if you like...and I can discuss it with you that way), it is hard to say if your request is reasonable or not or if the work environment is so terrible that a reasonable person would quit to get away from it.

You should have voted Cthulu...the greatest of all Evils
Fedfox  
#4 Posted : Thursday, August 8, 2019 11:19:08 AM(UTC)
Fedfox

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Frank I tried to PM you... but i can’t seem to do it. Can you initiate the convo.?
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