Being told your job will not be renewed would compel a reasonable employee to resign.
Under the “ultimatum” theory of constructive discharge, a plaintiff “must still show that ‘a reasonable employee would feel compelled to resign.’ Faruki, 123 F.3d at 319.” Lawson v. Hinds County School Dist., 2014 WL 373199 *4 (S.D. Miss. Feb. 3, 2014) (Jordan, J.). The court rejected the employer’s argument “that [supervisor] lacked authority to make the final determination and that the [School] Board had not voted.” Id. Rather, a reasonable employee would be compelled to resign if “told that he would not be renewed.”
Lawson v. Hinds County School Dist., 2014 WL 373199, at *4 (S.D. Miss. Feb. 3, 2014) (Jordan, J.).
Originally published at texasemploymentlawyer.wp.lexblogs.com
Citation
Robert J. Wiley, Being told your job will not be renewed would compel a reasonable employee to resign., Texas Employment Lawyer (December 26, 2014) [The Library at LexBlog, LEX-WK-XVTQE9W1, lexpid.org/XVTQE9W1]
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