Santora v. United States

OPINION

ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

PHILIP R. MILLER, Judge:

This is a suit brought by a former federal employee of the Public Health Service (PHS) seeking severance pay pursuant to 5 U.S.C. § 5595, for involuntary separation from his employment, for other than misconduct, delinquency or inefficiency. Plaintiff claims his separation from federal service, after 20 years of satisfactory performance, was involuntary, as he resigned in lieu of separation for declining to accept reassignment from New York City to Columbus, Ohio. Defendant counters that as PHS never actually proposed that…