Resignation

News & Analysis as of

Constructive Discharge: Supreme Court Sets the Clock in Employees’ Favor

On May 23, 2016, the Supreme Court of the United States ruled that the filing period for constructive discharge claims, which can be filed pursuant to many different employment laws, begins to run upon an employee’s...more

Supreme Court: Constructive Discharge Limitations Period Starts When Employee Resigns

The Supreme Court ruled, on May 23, 2016, that for employees alleging that they were “constructively discharged” from their employment (as opposed to terminated by their employer), the statute of limitations begins to run...more

SCOTUS Rules: Notice of Resignation Starts the Clock in a Federal Employee’s Constructive Discharge Case

On May 23, 2016, the Supreme Court of the United States decided when the limitations period for filing a lawsuit begins to run for a federal employee claiming he or she resigned—or was “constructively discharged”—due to...more

ABC, Kelly Ripa, Michael Strahan, and lessons on parting ways with key employees

What Kelly Ripa lacks in size, she makes up for in attitude. At just 5’3?, the petit daytime talk show star measures but a fraction of the size of her former co-host, Michael Strahan, himself a former New York Giants...more

The Duty to Provide Reasonable Notice of Termination Cuts Both Ways

It is a relatively little-known fact to non-lawyers that just as employers are required to provide employees with reasonable notice of termination, employees are likewise required to provide employers with reasonable notice...more

The flight of the operators: Resignation provisions under joint operating agreements

“The Devil is in the details, but so is salvation” - So said Admiral Hyman G Rickover, regarded as the father of the United States’ nuclear powered navy. It is with similar sentiments that both operators and non-operators in...more

Does FTC Vacancy Affect Ability to Resolve Issues?

Many have been asking in the last few days what the effect will be of Commissioner Julie Brill’s announced resignation from the Federal Trade Commission (“FTC”). Will it change things as the Supreme Court seems to be changing...more

Blog: How to Handle Changes on Your Board of Directors

Board members tend to stay with companies for a relatively long time, but, like employees, sometimes it makes sense for a board member to leave. Here is what I try to do when a board member departs: - Clear...more

Breaking up is hard to do

So, your star employee has resigned. What happens next can be crucial for your brand. The way a business responds to the resignation of a star employee is a touchstone of successful HR leadership. Employees, competitors,...more

How To Survive A Conflict of Interest Scandal

What happens when you own a business and hold a political position or serve on a non-profit board and you have to make a decision in one of those positions that could affect your business? Can you remain objective? Can you...more

Blog: Director Resignation Policies Under Fire

The originator of the “Pfizer model” of “plurality plus” voting for directors — Pfizer — will be facing a shareholder proposal (January 29, from the Chevedden folks) calling for a change to Pfizer’s governing documents and...more

EU Update: Definition of "Redundancy" Extended for Purposes of Collective Redundancy

In Pujante Rivera v Gestora Clubs Dir SL and another (C-422/14), the European Court of Justice (ECJ) considered whether a resignation resulting from an employer’s unilateral change to an employee’s contract of employment...more

An Unrealistic Threat Of A Pay Cut To A High-Level Employee Is Not An Adverse Action, So Says The Fifth Circuit

To prove retaliation a plaintiff must show that he or she suffered an “adverse employment action” – an issue that is often conceded by employers defending against such claims. However, the Fifth Circuit’s recent decision in...more

Refusal to Allow Employee to Rescind Resignation May Violate Title VII

In general, once an employee tenders his or her notice of resignation, the employer is under no legal obligation to rescind acceptance of the notice. Last month, the Fifth Circuit Court of Appeals cast doubt on this rule by...more

Fifth Circuit Holds Refusal to Accept Employee's Rescission of Resignation Can Be Considered Retaliation

On November 17, 2015, the U.S. Court of Appeals for the Fifth Circuit held an employer’s rejection of an employee’s rescission of resignation can “sometimes constitute an adverse employment action” and may be considered...more

ISBE Issues Guidance on Teacher Resignations

The Illinois State Board of Education (ISBE) has issued non-regulatory guidance regarding the application of Section 24-14 of the Illinois School Code to teacher resignations. Section 24-14 of the School Code provides...more

Court Of Chancery Reverses Director Resignation

In this unusual case, the Court of Chancery has reinstated a director who was tricked into resigning. The opinion has a good discussion of how directors may resign and when their resignation is not effective....more

SCOTUS to Decide Filing Period for Constructive Discharge Claims

In its October 2015 term, the Supreme Court of the United States will settle a circuit split on the filing period for a constructive discharge claim. On April 27, 2015, the Supreme Court granted a petition for review of Green...more

Speaker of the U.S. House of Representatives Set to Resign at End of October

On September 25, the Speaker of the U.S. House of Representatives, Rep. John Boehner (R-OH) issued a statement announcing that he will resign both his Speakership and congressional seat on October 30. ...more

Misconduct in the C-Suite: The United Airlines Scandal

It was like a bolt out of the blue – United Airlines’ CEO and two senior executives hastily announced their resignation as a result of their involvement in a bribery scandal with the New York Port Authority....more

Guatemalan President Resigns

As of yesterday, Alejandro Maldonado Aguirre is the new president of Guatemala, following the abrupt resignation of Otto Perez Molina. Mr. Perez Molina now faces an arrest warrant on charges of corruption for conspiring with...more

Top Ten Things to Do When an Employee Resigns to Join a Competitor

When an employee resigns to join a competitor, it is important to respond promptly. Odds are that the employee has been orchestrating his or her departure for weeks or months. The security of your trade secrets and/or...more

Top Ten Mistakes Made by Departing Employees

Recently, I wrote about the top ten things a company should do when an employee resigns to join a competitor. But what about the flip side of that coin? What mistakes should be avoided by departing employees and the firms...more

Use it or lose it: French courts reject procedural objections not raised at the earliest opportunity

The Paris Court of Appeal has issued a stark warning to litigants who fail to raise procedural objections at the earliest opportunity, denying parties the right to raise those objections in a subsequent challenge to the...more

Employee's Resignation in Midst of Interactive Accommodation Process Dooms ADA Claim

Employers understand that in the event that an employee requests a workplace accommodation due to a disability, they are legally required to explore the accommodation with the employee through the “interactive process.”...more

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