News & Analysis as of September 23, 2024

Constructive Discharge

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

EEOC Sues Pacific Culinary and CB Foods for Sexual Harassment, Retaliation and Constructive Discharge

U.S. Equal Employment Opportunity Commission... on 4/21/2023

Asian Food Companies Failed to Prevent Sexual Harassment of Both Female and Male Employees, Federal Agency Charges - LOS ANGELES – Pacific Culinary Group, Inc. and CB Foods, Inc., two companies involved in the sale,...more

EEOC Sues Gypsum Express for Sex Discrimination, Retaliation and Constructive Discharge

U.S. Equal Employment Opportunity Commission... on 10/3/2022

Trucking Company Subjected Women to Sex-Based Discrimination in Hiring, Federal Agency Charges - INDIANAPOLIS — The U.S. Equal Employment Opportunity Commission (EEOC) today announced that it filed suit against Gypsum...more

Massachusetts Appeals Court Rejects Whistleblower’s Constructive Discharge Claim

Epstein Becker & Green on 5/11/2022

Employees who resign from work, sue their employer, and assert “constructive discharge” shoulder a heavy burden to demonstrate that they had no choice but to resign. A recent decision of the Massachusetts Appeals Court,...more

Seven Important Considerations for Arizona Employees Who Blow the Whistle on Their Employer

Jaburg Wilk on 7/14/2021

A whistleblower is a term used in employment law for any employee who raises concerns about unlawful conduct. Arizona has a comprehensive whistleblower law that protects whistleblowers. This law makes it unlawful for an...more

Good News for California Employers Following a Difficult 2019 Legislative Session

Lewitt Hackman on 1/20/2020

On January 1, 2020, California businesses faced several new laws that may significantly impact business operations, including AB 5 (codifying the “ABC” test) and AB 51 (restricting the use of mandatory arbitration). On the...more

Whistleblower Claim a No-Go for Employee who Voluntarily Resigned

Genova Burns LLC on 9/27/2019

The New Jersey Appellate Division in Portilla v. Maxim Healthcare Services, Inc., recently upheld the dismissal of a constructive discharge lawsuit by a registered nurse, lawyer, and self-described “paradigmatic...more

The Sixth Circuit Shows That Balancing ADA Obligations With Enforcement Of Workplace Rules Is Far From An Exercise In Futility

Seyfarth Shaw LLP on 9/20/2018

Seyfarth Synopsis: Employers face a tough challenge in trying to balance their obligations under the ADA with efforts to enforce workplace rules. A recent decision out of the United States Court of Appeals for the Sixth...more

#MeToo Movement Insufficient to Revive Dismissed Case

Genova Burns LLC on 8/1/2018

The U.S. District Court for the District of New Jersey denied an employee’s request to reopen her case based on alleged changed attitudes “post-Weinstein.” The Court also denied the employer’s request for sanctions but...more

Missouri Court of Appeals Upholds $1.5 Million Whistleblower Jury Verdict

Proskauer - Whistleblower Defense on 2/1/2018

On January 22, 2018, the Missouri Court of Appeals upheld a jury verdict awarding approximately $1.5 million in damages to a radiation oncologist after finding that she had been constructively and wrongfully terminated in...more

Rescinding Termination May Not Defeat Retaliation Claim

Jackson Lewis P.C. on 12/4/2017

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

EEOC Sues Whataburger for Retaliation against Manager Who Refused to Hire Only White Applicants

U.S. Equal Employment Opportunity Commission... on 9/26/2017

Tallahassee Restaurant Manager Was Told to Consider Only Applications That 'Sounded White,' Federal Agency Charges - TALLAHASSEE, Fla. - Fast food restaurant giant Whataburger Restaurants LLC violated federal law when it...more

Expanding the Timer: Supreme Court Gives Employees More Time to File Claims

Foley & Lardner LLP on 6/7/2016

They say that timing is everything — or at least now it is for so-called “constructive discharge” claims. Last month, the United States Supreme Court, in a 7-1 decision, solidified the rule that the time within which an...more

Tick-Tock Goes the Clock: SCOTUS Clarifies the Statute of Limitations in Constructive Discharge Actions

Genova Burns LLC on 6/1/2016

On May 23, 2016, the United States Supreme Court issued its opinion in Green v. Brennan, Postmaster General, in which the Court gave aggrieved employees in workplace discrimination cases more time to file complaints against...more

Supreme Court Says Limitations Period for Discrimination Claims Runs Beginning on Date of Constructive Discharge

Parker Poe Adams & Bernstein LLP on 5/31/2016

Title VII and related federal civil rights laws contain short administrative claims periods that often result in preclusion of actions filed after expiration of these dates. These exclusions lead to frequent litigation...more

Supreme Court’s Constructive Discharge Decision Makes Sense for Employers and Employees

Constangy, Brooks, Smith & Prophete, LLP on 5/27/2016

Monday’s Supreme Court decision in Green v. Brennan, holding that the time for an employee to bring a constructive discharge claim begins running from the date that resignation is tendered, will probably make timeliness...more

Spring Forward: Constructive Discharge Clock Doesn’t Start Until Employee Gives “Definite Notice” of Intent to Resign

Obermayer Rebmann Maxwell & Hippel LLP on 5/26/2016

On May 23, 2016, the Supreme Court resolved a circuit split over the deadline for employees to pursue their administrative remedies in connection with constructive discharge claims under Title VII. Generally, employees must...more

Resignation Date Starts the Statute of Limitations Clock In Constructive Discharge Cases, Supreme Court Holds

Franczek P.C. on 5/26/2016

On Monday, the U.S. Supreme Court ruled that the statute of limitations for purposes of filing a claim alleging constructive discharge begins to run on the date that the employee resigns, as opposed to the last discriminatory...more

Supreme Court Rules that Statute of Limitations Period for Constructive Discharge Claims Begins to Run from Date of Notice of...

FordHarrison on 5/25/2016

The U.S. Supreme Court recently held that the statute of limitations period for constructive discharge claims under Title VII of the 1964 Civil Rights Act (Title VII) begins to run from the date that the employee gives the...more

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Hiring & Firing › Retaliation › Constructive Discharge

EEOC Sues Pacific Culinary and CB Foods for Sexual Harassment, Retaliation and Constructive Discharge

EEOC Sues Gypsum Express for Sex Discrimination, Retaliation and Constructive Discharge

Massachusetts Appeals Court Rejects Whistleblower’s Constructive Discharge Claim

Seven Important Considerations for Arizona Employees Who Blow the Whistle on Their Employer

Good News for California Employers Following a Difficult 2019 Legislative Session

Whistleblower Claim a No-Go for Employee who Voluntarily Resigned

The Sixth Circuit Shows That Balancing ADA Obligations With Enforcement Of Workplace Rules Is Far From An Exercise In Futility

#MeToo Movement Insufficient to Revive Dismissed Case

Missouri Court of Appeals Upholds $1.5 Million Whistleblower Jury Verdict

Rescinding Termination May Not Defeat Retaliation Claim

EEOC Sues Whataburger for Retaliation against Manager Who Refused to Hire Only White Applicants

Expanding the Timer: Supreme Court Gives Employees More Time to File Claims

Tick-Tock Goes the Clock: SCOTUS Clarifies the Statute of Limitations in Constructive Discharge Actions

Supreme Court Says Limitations Period for Discrimination Claims Runs Beginning on Date of Constructive Discharge

Supreme Court’s Constructive Discharge Decision Makes Sense for Employers and Employees

Spring Forward: Constructive Discharge Clock Doesn’t Start Until Employee Gives “Definite Notice” of Intent to Resign

Resignation Date Starts the Statute of Limitations Clock In Constructive Discharge Cases, Supreme Court Holds

Supreme Court Rules that Statute of Limitations Period for Constructive Discharge Claims Begins to Run from Date of Notice of...

Supreme Court Clarifies the Time Period for Initiating Constructive Discharge Claims

Resignation triggers clock start for filing constructive discharge claims

Employment Law Reporter - March 2014: Constructive Voluntary Quitting?

Hiring & Firing › Retaliation › Constructive Discharge

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