Forced resignation filing deadlines
Green v. Megan J. Brennan
In brief
The 45-day period starts when an employee gives notice of resignation; the Court wiped out the appeals court’s ruling (vacated it) and sent Green’s case back (remanded it) to determine when he gave notice.
- Where it stands
- Decided
Decided 7-1 · May 23, 2016 · Opinion by Justice Sotomayor
- What it’s about
- Marvin Green claimed the Postal Service forced him to resign and disputed when the 45-day period to contact an employment counselor began.
- Who it affects
- It tells federal employees who claim they were forced to resign when the 45-day period to contact an employment counselor begins.
Summary: written with AI from the case record.
What it's about
The Supreme Court ruled that it starts when an employee gives notice of resignation, wiped out the appeals court’s ruling (vacated it), and sent the case back (remanded it) to determine when Green gave notice.
Marvin Green claimed the Postal Service forced him to resign. The dispute concerned when his 45-day period began.
Federal employees must contact an employment counselor within 45 days of the matter they say was discriminatory before filing a complaint.
Question presented
Under federal employment discrimination law, does the filing period for a constructive discharge claim begin to run at the time of the employer’s last allegedly discriminatory act?
What the Court decided
Holding
A constructive-discharge claim accrues—and the limitations period begins to run—when the employee gives notice of his resignation, not on the effective date thereof. The Tenth Circuit is left to determine, in the first instance, the date that Green in fact gave notice. 760 F. 3d 1135, vacated and remanded.
- Result
- Vacated
The vote
What's next
The Tenth Circuit will determine when Green gave notice of resignation.
Documents
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Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.