In view of the totality of the circumstances, a reasonable person in Complainant's position would have felt compelled to quit. Because Complainant was constructively discharged, he is entitled to recover back pay with interest, compensatory damages, and costs and expenses reasonably incurred by Complainant in the bringing of the complaint. 49 U.S.C. app. The back pay award shall comprise Complainant's reasonably projected compensation had he remained employed by Respondent less any compensation received as the result of substitute interim employment. Inc. dba Package Express , No.
Complainant also claims damages involving pension and bonus expectations.
It is anticipated that the ALJ will elicit expeditiously any further submissions and that a recommendation will be forthcoming within 90 days of the date of this order. 1 Keith Miller, one of Respondent's drivers, testified that Respondent's violative scheduling was a source of aggravation and that he and others had considered quitting because of it. The record contains contrary evidence. Final Dec. and Order issued March 6, 1987. I reject the ALJ's conclusion that Complainant acted unreasonably in the timing of his doctor's appointment.