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· 6/30/1983

Harvey M. Scharf v. Department of the Air Force

Citations

  • 710 F.2d 1572
  • 1983 U.S. App. LEXIS 13621

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the misinformation must be such that a “reasonable person would have been misled.”
  • holding that a court must examine the circumstances surrounding a resignation “to test the ability of the employee to exercise free choice” and that a resignation cannot be voluntary when “an employee fails to understand the situation due to mental incompetence”
  • holding that a court must examine the circumstances surrounding a resignation \to test the ability of the employee to exercise free choice\ and that a resignation cannot be voluntary when \an employee fails to understand the situation due to mental incompetence\
  • stating that “a resignation will be held involuntary if obtained by agency misrepresentation or deception”
  • finding involuntary retirement where petitioner proved reasonable reliance on a misrepresentation made by a specific agency counselor
  • ordering agency to cancel protected civil service employee's involuntary retirement and reinstate him to his former position with back pay

Source: CourtListener parenthetical corpus (CC0).

Judges: Bennett, Miller, Smith

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.