Resignation jeopardizes grievance

A middle school principal was reassigned to the position of Pregnancy Education Program Coordinator. In her new position, she was responsible for significantly fewer professional and nonprofessional staff and students than she was as a principal. Her salary was also reduced by $6000 per year. She filed a grievance, arguing that her new assignment was a demotion in violation of law. She then resigned from the district two months later. The district argued that her complaint should be dismissed due to the fact that she had resigned, which rendered her request to be returned to her previous position moot. She responded by arguing that the resignation was not voluntary because she had been under duress at the time.

The commissioner of education found that a significant change in assignment does not constitute duress, even if the change in assignment is a demotion, because it is based on the employee’s subjective preference for one position over another. The commissioner stated in the opinion that duress could not be shown in most instances where a demotion has occurred. The employee could have remained with the district instead of submitting a resignation and, had she prevailed on her grievance, she might have been awarded an equivalent position to the principal position. Instead she chose to resign, thereby ending the employment relationship and causing her grievance to become moot.