Topic
Constructive Discharge
200 published works
Global Workplace Insider
When breach of contract by an employer does not equal constructive dismissal
The Ontario Court of Appeal recently gave employees and employers a valuable reminder: a breach of an employment contract does not, in and of itself, constitute a constructive dismissal. Even…
Blaneys Appeals
COURT OF APPEAL SUMMARIES (MARCH 20 – 24, 2017)
Good evening: Following are the summaries for this week’s civil decisions of the Court of Appeal for Ontario. In York (Regional Municipality) v. Tsui, the Court concluded that municipal by-laws…
HR Law Talk
After NLRB Gives Job Back To Worker Fired For Racism On Picket Line, Appeal Follows
Bass, Berry & Sims attorney Tim Garrett discussed a case pending before the U.S. Court of Appeals for the Eighth Circuit relating to a striking employee's termination for yelling racist…
Global Workplace Insider
The importance of mobility clauses for Quebec employers
By Global Workplace Insider Team
In order to meet their organizational needs, employers may need to relocate their employees’ workplace. However, relocating employees can be risky business for employers. The place of work is an…
Gender and the Law Prof Blog
SCOTUS Constructive Discharge Case Helpful for Sex Discrimination Suits
By Tracy Thomas
NWLC, SCOTUS Green v. Brennan Decision a Victory for Working WomenIt was clarity, common sense, and civil rights for the win yesterday when the Supreme Court announced its decision in Green…
HR Law Talk
Attorneys React To High Court’s Constructive Discharge Ruling
Bass, Berry & Sims attorney Bob Horton provided insight to Law360 on the Supreme Court's ruling in Green v. Brennan allowing the constructive discharge claim period to begin when an…
Pennsylvania Labor & Employment Blog
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,…
Texas Employment Law Update
Supreme Court Holds Constructive Discharge Administrative Filing Deadlines Commence When Plaintiff Gives Notice of Resignation
Plaintiffs and employers often dispute when an employee's time period for filing a charge of discrimination commences. Plaintiffs argue that it commences on the date the adverse action is effective (e.g., the…
Supreme Court Update
CRST Van Expedited, Inc. (13-1375), Luna Torres v. Lynch (14-1096) and Betterman v. Montana (14-1457)
Three more decisions this morning—Green v. Brennan (14-613), holding that the 45-day limitations period for a constructive-discharge action under Title VII begins to run after the employee gives notice of…
Texas Employment Law Update
Houston Court of Appeals Holds that Allegation of Constructive Discharge Must be Included in the Charge of Discrimination
In an opinion likely to prove useful to employers defending a termination based on a constructive discharge theory, a Houston Court of Appeals held that a resigning employee whose charge of discrimination lacks an…