Skip to main content

Topic

Constructive Discharge

200 published works

  1. Global Workplace Insider

    Altering Outdated Job Description & Constructive Dismissal

    By Gabriel Granatstein

    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…

  2. The Contractor's Perspective

    Agency cannot retroactively terminate to reduce damages

    By David P. Hendel

    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…

  3. ContractsProf Blog

    The (Il-)Legality of Workplace Bullying and Discrimination

    By ContractsProf Blog

    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…

  4. Minnesota Employer

    What Is Constructive Discharge?

    By Michael Miller

    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,…

  5. Global Workplace Insider

    U.S. Supreme Court to rule on circuit split regarding timeliness of constructive discharge complaints

    By Jamila Mensah (US)

    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…

  6. 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…

  7. Pennsylvania Labor & Employment Blog

    Substantial and Unilateral Changes Enough to Establish Good Cause To Quit

    By Gina McAndrew

    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…

  8. Global Workplace Insider

    Arguing constructive dismissal? Ontario Labour Relations Board sets high threshold for employees

    By Gabriel Granatstein

    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…

  9. Blaneys Appeals

    Ontario Court of Appeal Summaries (April 27 – May 1, 2015)

    By John Polyzogopoulos

    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…

  10. Hunton Employment & Labor Perspectives

    California Appeals Court Finds “Sun Worshipping Atheism” Not a Religion

    By Hunton & Williams LLP

    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…