The Ninth U.S. Circuit Court of Appeals has ruled a longtime scientist and manager at the Department of Energy’s Sandia National Laboratories was not effectively fired by the prime contractor when given only 24 hours to decide whether to retire.
A three-judge panel for the 9th Circuit ruled Friday Jan. 19 that Robert Hwang was not “constructively terminated” when Honeywell-led National Technology and Engineering Solutions of Sandia gave him a single day to decide whether to retire, submit to a performance improvement plan or appeal his employer’s findings.
“But Hwang opted to retire and even chose his retirement date, setting it for after he used his vacation days,” the appeals court held. “Although we view the 24-hour time frame given to Hwang as potentially problematic, it is nevertheless not sufficient to show that Hwang did not have a real choice.”
The 9th circuit panel made its decision about three months after hearing oral arguments in the case.
As was the case before a federal district court, Hwang was unable to convince the appeals court that he was being forced out because he could “not get a timely answer on whether he would lose his benefits” within that 24-hour timespan.
“Hwang was not forced to choose between retirement and termination, even though he alleges that he felt termination was inevitable,” the appeals court said.
The 25-year Sandia scientist attempted to rescind his retirement one month afterward but National Technology and Engineering Solutions refused, according to the court. Hwang argued this amounted to retaliation under California’s Fair Employment and Housing Act.
Other courts have ruled, however, that an employer’s refusal to rescind an employee’s voluntary retirement is “not an adverse employment action,” according to the appeals court ruling.
The appeals court also said that Hwang failed to actually raise a constructive discharge claim. But even if the plaintiff had raised that argument in federal district court, the lower court would have still been justified in rejecting it, the 9th circuit held.
While Hwang argues his working conditions at National Technology and Engineering Solutions were “intolerable” by December of 2019, but this claim is belied by his attempt to undo his retirement, the appeals court said.
Importantly, Hwang did not dispute the contractor received complaints about his behavior and management style in 2016 and 2019, nor that performance issues were raised with him in his year-end evaluations, the 9th circuit panel said.
