Constructive Discharge

News & Analysis as of

Resignation and Constructive Dismissal

In Chindove v William Morrisons Supermarket Plc UKEAT/0201/13/BA, the Employment Appeal Tribunal (EAT) considered whether an employee had lost the right to claim constructive dismissal because he had delayed in resigning....more

Fourth Circuit Rules that Employers Can be Liable for Third Party Harassment of Their Employees

In Freeman v. Dal-Tile Corp., 2014 WL 1678422 (4th Cir. April 29, 2014), the United States Court of Appeals for the Fourth Circuit ruled that an employer can be liable for third party harassment of its employees. The court...more

Employment Law Reporter - March 2014: Constructive Voluntary Quitting?

Many employers are familiar with the concept of constructive wrongful termination, a legal theory invoked by plaintiffs who claim that they were forced to quit as a result of intolerable and illegal working conditions. But...more

Constructively Quit Or Fired? — California Court Holds Employer Must Exhaust All Reasonable Alternatives

Kelley v. California Unemployment Ins. Appeals Board, B244098 (February 10, 2014): A California Court of Appeals recently upheld a trial court’s decision that an employee, who was fired for making what the employer considered...more

New Decision Examines the Scope of Constructive Discharge

On December 31, 2013, in Vasquez v. Franklin Management Real Estate Fund, Inc., the California Court of Appeal held that a maintenance technician, who alleged that he was constructively discharged in violation of public...more

McDonald's Restaurants of California, Inc. Settles EEOC Religious Discrimination Lawsuit

Federal Agency Charged Muslim Trainer Was Constructively Discharged for Not Shaving Beard - FRESNO, Calif. - McDonald's Restaurants of California, Inc. will pay $50,000 and furnish other relief to settle a religious...more

Employee Relief Causes Employer Grief: The ability to perform employment-related duties is an integral part of an employment...

Recently, two employers who provided notice of termination, and at the same time relieved employees of their duties, were held instead to have at that time terminated those employees, which lead to financial consequences for...more

Supervisor’s Failure To Engage In Interactive Process With Disabled Employee May Convert Employee’s Resignation Into Constructive...

In a case recently decided under the Americans with Disabilities Act (ADA)—Suvada v. Gordon Flesch Company, Inc.—a federal district court in Chicago allowed a production clerk’s claim for constructive discharge against her...more

Internal Reorganizations And Constructive Dismissal: Minimizing Risk

While not making new law, the recent Divisional Court decision in Ghanny v. 498326 Ontario Limited 2013 ONSC 4057 provides a useful reminder of the steps an employer should take to minimize the risk of constructive dismissal...more

Does Demoting an Employee Equal Constructive Dismissal?

The British Columbia Supreme Court’s decision of Meyers v. Chevron Canada Limited, 2013 BCSC 420, demonstrates the uncertainty that can arise when predicting whether the conduct of an employer amounts to constructive...more

Pacific Airport Services in Saipan Settles EEOC Sexual Harassment Suit for $65,000

Company Failed to Discipline Supervisor Who Sexually Harassed at Least Five Female Employees, Federal Agency Says - SAIPAN, CNMI - Pacific Airport Services, Inc., an airport services provider for various airlines...more

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