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vacation would be canceled through the end of June 1994 in order
for the project to be completed. Petitioner husband informed his
manager that he would be unable to comply with the cancellation
of vacation, as he was committed to attend a reunion of his
extended family that had been planned and paid for several months
prior thereto and had been previously approved by IBM management.
Petitioner husband's manager warned him that, if he followed
through with his vacation plans and failed to report for work as
required, he would be dismissed due to insubordination.
Petitioner husband defied the cancellation of leave and attended
his family reunion, failing to report for work for a week during
late May and early June.
When petitioner husband returned to work following his
vacation, he was informed by his manager that he would not be
dismissed; however, he was given two options regarding his
employment with IBM. Petitioner husband was given the choice to
either (1) submit a voluntary resignation from IBM and obtain the
benefits provided in a severance package created by IBM for
employees who resigned or retired as a result of corporate
downsizing, or (2) remain employed with IBM but sustain a
demotion in performance evaluation ranking, undergo a
probationary period of 6 months, and engage in a significant
amount of overtime work. Petitioner husband chose to voluntarily
resign from IBM and accept the severance package.
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