By carefully researching the background of the proposed employeevictim, one can always establish that geographical part of the country and/or organizational unit to which the employee would rather resign than obey and accept transfer orders. For example, if you have an employee in your Boston Regional Office, and his record shows reluctance to move far from that location (he may have family and financial commitments not easily severed), a transfer accompanied by a promotion to an existing or newly created position in Dallas, Texas might just fill the bill. It is always suggested that a transfer be accompanied with a promotion, if possible. Since a promotion is per se beneficial to the employee, it immediately forecloses any claim that the transfer is an adverse action. It also reduces the possibility of a claim that the transfer was motivated for prohibited purposes since, again, the transfer resulted in a beneficial action for the employee and the word discrimination implies some adversity to have been suffered. It is also important that you carefully check your organizational charts to insure that not only is there no reduction in grade, but no reduction in status... Transfers must also be presented as necessary for "the efficiency of the service." It is, therefore, necessary that the position to which the person is being transferred fits in with his current job experience or his past responsibilities. The technical assistance of your personnel office is indispensable in prosecuting such transfers. But there is no reason why they cannot artfully find, or create, the necessary position that will satisfy the transfer requirements necessary to cause the prospective transferee to be confronted with the choice of being transferred to a position he does not want or resigning. Of course, one can sweeten the potion by privately assuring the proposed transferee, upon delivery of his transfer notification, that should he refuse the transfer, and resign, that his resignation will be accepted without prejudice. Further, he may remain for a period until he finds other employment and leave with the highest honors and references.
