Topic
Constructive Discharge
200 published works
Global Workplace Insider
Altering Outdated Job Description & Constructive Dismissal
Constructive dismissal occurs when an employer substantially alters, without the employee’s consent, an essential term of the employee’s contract of employment. This can give rise to litigation and financial liability…
The Contractor's Perspective
Agency cannot retroactively terminate to reduce damages
An agency must use-it or lose-it under a fixed-priced contract. When an agency makes it impossible to receive a contractor's service under a fixed-priced contract, it must still pay the…
ContractsProf Blog
The (Il-)Legality of Workplace Bullying and Discrimination
In cases where workers have quit their jobs because of intolerable workplace bullying and thus wish to assert illegal discrimination, the United States Supreme Court seems inclined to start the…
Minnesota Employer
What Is Constructive Discharge?
Constructive discharge occurs when an employer deliberately makes an employee's work environment so intolerable that resignation is the employee’s only plausible alternative. A recent federal court of appeals decision demonstrates,…
Global Workplace Insider
U.S. Supreme Court to rule on circuit split regarding timeliness of constructive discharge complaints
On November 30th, 2015, the U.S. Supreme Court will hear oral arguments in the case of Green v. Donahoe, 760 F.3d 1135, 1137 (10th Cir. 2014) regarding the timeliness of…
Canadian Labour and Employment Law
Suspensions in the Post-Potter Age: Key Take-Aways for Employers (Part 1)
By Cherrine Chow, Jennifer Bernardo
In a previous post, we discussed the Supreme Court of Canada's ("SCC") decision in Potter v. New Brunswick (Legal Aid Services Commission), in which the SCC purported to clarify the…
Pennsylvania Labor & Employment Blog
Substantial and Unilateral Changes Enough to Establish Good Cause To Quit
In another unemployment compensation case, the Commonwealth Court held that a substantial and unilateral change to a claimant's pay and performance goals was enough to meet the burden of a necessitous…
Global Workplace Insider
Arguing constructive dismissal? Ontario Labour Relations Board sets high threshold for employees
A decision released last week from the Ontario Labour Relations Board (the "Board”) has re-emphasized the high threshold required to find that the conduct of an employer amounts to constructive…
Blaneys Appeals
Ontario Court of Appeal Summaries (April 27 – May 1, 2015)
Hello everyone. Below are summaries of this week’s Ontario Court of Appeal civil decisions (non-criminal). Topics covered include family law, construction liens, constructive dismissal, insurance law in relation to the…
Hunton Employment & Labor Perspectives
California Appeals Court Finds “Sun Worshipping Atheism” Not a Religion
The Fourth District California Court of Appeal recently held that a Department of Corrections employee's claim that he was constructively discharged after being discriminated against on the basis of his…