Employment Law This Week: Constructive Discharge Claims, Class Waivers, Hiring Bias, Electronic Record-Keeping Rule, Equal Pay
The world of employment law is ever-changing, and 2023 was no exception. Keeping up with the latest developments can be daunting, but it's necessary for professionals across all industries. That's why we've compiled a list of...more
Our June update includes cases on whether an employer notified of an employee’s pregnancy just before termination is liable for a pregnancy dismissal, whether an employer’s future discovery of a disability makes it...more
The federal court for the Northern District of California recently declined to dismiss a former Al Jazeera International employee’s constructive wrongful termination claim against the news outlet, finding that requiring an...more
As our readers may be aware, in March 2021, New York City passed an ordinance requiring fast food employers to have just cause to discharge their employees, where discharge includes termination, constructive discharge,...more
Judge v. Shikellamy Sch. Dist., 905 F.3d 122 (3d Cir. 2018). When a public school district offers an employee a chance to resign in lieu of termination, courts will review five factors to determine whether the resignation...more
Proving that non-economic damages and perhaps attorney’s fees are driving forces in litigation, constructive discharge clams were asserted and survived summary judgment in a federal district court action in Oregon. The...more
The concept of constructive discharge appears regularly in employment law cases and commentary, but we’ve found that it’s not always well understood. Because a constructive discharge can have all the consequences of a typical...more
Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more
Normally in this space we write about court decisions that have already occurred and are likely to impact employers. This week, we focus on cases that have just been filed and could have far reaching implications. In a...more
Is passing gas now protected by our anti-discrimination laws? Over the past several years, we have written extensively about the possibility of obesity discrimination lawsuits becoming the next wave of disability...more
If you have a poor performer, is it better to make a clean break and fire him, or is it better to prolong his (and your) agony? That is obviously a biased question, but some employers will do almost anything to avoid firing...more
Green v. Donahoe involves a Postal Service worker who alleges that he was forced to choose between retirement and a demotion and transfer to another position. The plaintiff quit several months after being given this choice,...more
A school custodian’s hours and work assignments were changed six days after his wife spoke about eliminating the superintendent’s position at a school board meeting about budgetary issues. The custodian’s reassignment...more
In State of Arizona v. ASARCO LLC, WL 6918577, published December 10, 2014, the Ninth Circuit Court of Appeals held that an award of $300,000 in punitive damages did not violate due process even though no compensatory damages...more
Under French law, there are various ways in which an employment contract may be terminated: resignation, dismissal, redundancy, amicable termination and so on. There is also a category of termination which is similar to a...more
On July 28, 2014, the Tenth Circuit joined the Seventh and D.C. Circuits in holding that some discriminatory act leading to an employee's constructive discharge claim must have occurred within the limitations period. The...more
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
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
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