MCDONALD

v.

NEW YORK

Citator

Cited By (14 total)

• City OF Miami v. Kory, 394 So. 2d 494 (Fla. 3d DCA 1981)
  …sidered choice between alternatives, see, Coffman v. Bolger, 590 F. 2d 1366 (5th Cir. 1979); Johnson, Drake & Piper, Inc. v. United States, 209 Ct.Cl. 313, 531 F. 2d 1037 (1976); McGucken v. United States, 407 F. 2d 1349 (Ct.Cl. 1969), cert. denied, 396 U.S. 894, 90 5.Ct. 190, 24 L.Ed.2d 170 (1969); Autera v. United States, 182 Ct.Cl. 495, 389 F. 2d 815 (1968), no finding of involuntariness, and thus no conclusion of duress may be sustained. Resignation not Product of Improper Conduct of City. Turning to…

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• Christie v. The United States, 518 F.2d 584 (Ct. Cl. 1975)
  …ion was obtained by external coercion or duress. Duress is not measured by the employee’s subjective evaluation of a situation. Rather, the test is an objective one. McGucken v. United States, 407 F. 2d 1349, 1351, 187 Ct.Cl. 284, 289, cert. denied, 396 U.S. 894, 90 S.Ct. 190, 24 L.Ed.2d 170 (1969); Pitt v. United States, 190 Ct.Cl. 506, 513, 420 F. 2d 1028, 1032 (1970). While it is possible plaintiff, herself, perceived no viable alternative but to tender her resignation, the record evidence supports CSC…
• Scharf v. Dep't OF THE AIR Force, 710 F.2d 1572 (Fed. Cir. 1983)
  …g principle, it has been held that the element of voluntariness is vitiated when (1) an employee resigns under duress brought on by government action, see, e.g., McGucken v. United States, 407 F. 2d 1349, 1351, 187 Ct.Cl. 284 (Ct.Cl.), cert. denied, 396 U.S. 894, 90 S.Ct. 190, 24 L.Ed.2d 170 (1969); (2) an employee unsuccessfully tries to withdraw his resignation before its effective date, see Cunningham v. United States, 423 F. 2d 1379, 1384-85, 191 Ct.Cl. 471 (Ct.C1.1970); (3) an employee submits a resign…