RECENT DECISIONS ON TRAVEL AND RELOCATION: Must Reimburse Agency for Relocation
Benjamin entered into a 12-month service agreement to provide work for the Veterans Affairs (VA). The terms of the agreement included a stipulation that Benjamin would be responsible for repaying costs of his relocation if he left the position before completing 12 months of service unless the separation was a result of (1) induction into the Armed Forces (2) permanent or semi-permanent illness or death not due to misconduct (3) compelling personal reasons beyond the employee’s control and acceptable to the VA or (4) failure to qualify for the position. Benjamin left after five months where in his resignation letter cited “personal issues and a family matter” and stated his time was a “wonderful experience.” The Board sided with the VA stating it was within its authority to determine Benjamin should pay the full amount due citing FTR 302-2.13 that states unless there are “reasons beyond your control and which must be accepted by the agency” the relocation costs must be reimbursed. The Board has long held that agencies have the discretion to determine what constitutes “reasons beyond an employee’s control” and it will not question the agency’s decision if it had a reasonable basis. The Board noted Benjamin put forth several reasons for leaving after being billed for the relocation at different times – “personal issues and family matters”, then asserting his stepfather’s poor health was his reason for leaving without providing any evidence and finally alleging problems with his supervisor and other employees in spite of saying his experience was “wonderful.” The Board found the VA was reasonable where Benjamin did not provide evidence of his stepfather’s ill health or problems at his workplace (CBCA 1294-RELO).
{TAG_FORM_TITLE}
To discuss your needs, contact Bill Lennett, Principal, at 1-925-362-0712 or email him at
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
.
