Davis v. Marion County Engineer (1991), 60 Ohio St.3d 53. A public employee may rescind or withdraw a tender of resignation at any time prior to its effective date, so long as the public employer has not formally accepted such tender of resignation; acceptance of a tender of resignation from public employment occurs where the public employer or its designated agent initiates some type of affirmative action, preferably in writing, that clearly indicates to the employee that the tender of resignation is accepted by the employer.

State, ex rel. Carter v. Cleveland City School District Board of Education (1985), 17 Ohio St.3d 105. Mandamus is a proper remedy for the reinstatement of members of the classified civil service who tendered their resignations upon certain terms and conditions which the appointing authority was found to have violated.

Schwartz v. Comcorp, Inc. (1993), 91 Ohio App.3d 639; cert denied 66 Ohio St.3d 1509. Former employee claiming constructive discharge bears burden of producing evidence that reasonable person would find his working conditions so intolerable that he would voluntarily resign, and the test is not a subjective one, but rather a reasonable one.

State, ex rel. Villari v. City of Bedford Heights (1984), 11 Ohio St.3d 222. A retiring public employee's employment terminates on the date that he or she begins receiving retirement benefits, regardless of the date indicated in his or her letter of resignation.

Williams v. State, ex rel. Gribben (1933), 127 Ohio St. 398. If [members of the classified civil service] did not voluntarily relinquish their respective positions, but were either wrongfully persuaded to tender their resignations or induced to do so upon certain terms and conditions which were later found not to have been complied with, the [members of the classified civil service] were wrongfully removed from their positions and are entitled to reinstatement.

Kinney v. Ohio Dept. of Administrative Services (1984), 14 Ohio App.3d 33. When a resignation is the product of an appointing authority's wrongful overt acts of coercion or duress, the resignation is involuntary and ineffective; where an employee is permitted to resign as an alternative to being removed on charges which are meritorious there is no coercion and the resignation is voluntary.

Kinney v. Ohio Dept. of Administrative Services (1984), 14 Ohio App.3d 33. Where an appointing authority induces a resignation as the only alternative to a removal based upon unfounded charges of misconduct, the resignation is ineffective as to deny the employee his appeal to the state personnel board of review; under those circumstances there has not been a resignation but, rather, a removal, the merits of which the employee should be permitted to contest.

In re Appeal of Bidlack (1982), 3 Ohio App.3d 351. Where a public employee is presented with a suspension and demotion by his supervisor, where there is no suggestion that he resign and the employee of his own free will and choice does, in fact, resign, said resignation is voluntary for purposes of the statute governing procedures for accomplishing reduction in position.

State, ex rel. Kraft v. Massillon (1951), 89 Ohio App. 339. The circumstances surrounding a resignation may be considered in determining whether an attempted rescission is enforceable; an employee who resigns in an effort to avoid removal may not at a later time rescind that resignation, taking advantage of an employer's lack of action based on the initial resignation.

Babbitt v. Shade (1938), 60 Ohio App. 100. The resignation of a civil service employee, which is to become effective at a future date, may be withdrawn before that date, although it has been accepted by the appointive board, and that board is opposed to the employee's continuance in office.

State, ex rel. Metzger v. Brown (1964), 1 Ohio Misc. 70. If no action has been taken, a resignation may be subject to withdrawal; if there has been action by the appointing authority in reliance upon the resignation by filling the vacancy created thereby, the doctrine of estoppel may be effectively invoked against the individual who has resigned.

Davis v. Marion County Engineer (Feb. 8, 1990), Marion App. No. 9-87-60, unreported, 1990 WL 11456. (citing SERB v. Ohio State University (1987), 36 Ohio App.3d 1) To constitute the complete and operative resignation of a public officer, there must be an intention to relinquish part of the term accompanied by an act of relinquishment; appellant's letter of resignation indicated an intent to relinquish, and appellant's recommendation of others to fill the position was an act of relinquishment.

Nichols v. Cuyahoga County Board of MR/DD (Sept. 25, 1986), Cuyahoga App. No. 50877, unreported, 1986 WL 10835. Where an appointing authority initiates an agreement with union representatives purporting to represent appellant wherein the appointing authority agrees to comply with certain requirements in exchange for the submission of appellant's resignation, the appointing authority meets those requirements and appellant later indicates that she will not tender her resignation, appellant's resignation is not voluntary.

Riedinger v. Ohio State University (Apr. 22, 1986), Franklin App. No. 85AP-1044. Resignation resulting from personal emotional distress is not the equivalent of a forced resignation under duress from the employer. View Court of Appeals Decision

State ex rel. Lowe v. Board of Education (July 26, 1977), Franklin App. No. 76AP-857, unreported. Mandamus is a proper remedy to compel reinstatement after coerced resignation when employee's resignation was not a voluntary one and the action of the board in accepting the resignation could reasonably be considered to be the order of removal from which an appeal could be taken pursuant to R.C. 124.34.

Harris v. Auditor of State (Dec. 5, 1994), Columbiana Co., No. 94-CIV-376, unreported. Resignations induced by threats or promises by an appointing authority are ineffective; the decision to prosecute for any criminal offense rests with the prosecuting attorney, not with the auditor of the state of Ohio and, therefore, no action on behalf of the auditor can be determined coercive in respect to the filing of charges. View Common Pleas Decision | View SPBR Order

Bobo v. Ohio Dept. of Administrative Services (June 30, 1986), PBR 86-MIS-04-0465. Where there is no specified time for a resignation to take effect, the resignation is effective at 12:00 a.m. on the date set forth in an employee's resignation letter; any rescission attempted after that time is not timely. View SPBR Order