How Voluntary is a Resignation While Under Investigation? Georgia Federal Court Finds Investigator’s Threat, Pre-Written Resignation Letter Potentially Coercive

By Kate Acheson

In Rogers v. Georgia Dep’t of Corr., a federal district court in Georgia considered whether an internal investigator’s threat of termination and presentation of a pre-written resignation letter is sufficient to show that a resignation was coerced.  The court found that, although the knowledge of impending discipline alone is not enough to make a resignation involuntary, the threat and pre-written letter was enough evidence to possibly persuade a jury that the employee’s termination was not voluntary.

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Veteran Firefighter’s Termination for Marijuana Use Lacks Just Cause

By Kate Acheson

An arbitrator reduced a 24-year veteran firefighter’s termination for use, despite a previous last chance agreement arising from previous cocaine use in City of Cleveland, 130 LA 1077 (Cohen 2012).  Arbitrator Hyman Cohen cited the City’s improper application of the last chance agreement and mitigating factors concerning the recent marijuana use to justify his reinstatement order.

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