Topic
Constructive Discharge
200 published works
Blaneys Appeals
Ontario Court of Appeal Summaries (April 6-10, 2015)
Hello everyone. We apologize for the delay in posting last week’s Ontario Court of Appeal Summaries, but the Court’s website was down on Friday afternoon and over the weekend and…
California Personal Injury Law Case Notes
Constructive Termination
Sometimes an employer knows it is wrong to fire an employee, so the employer makes the employee so miserable that the employee has no other choice but to quit. In…
Gender and the Law Prof Blog
Lactation is not Related to Pregnancy and Other Interesting Findings of the Courts who Denied a Nursing Mom was Constructively Discharged
By Tracy Thomas
Lots of questions about the Ames v. Nationwide Insurance case I previously posted about.SCOTUS Denies Cert Upholding Firing of Woman for Breastfeeding because Men can Lactate Too First, no clues as…
Texas Employment Lawyer
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…
Texas Employment Lawyer
Resigning after being told your contract will not be renewed is constructive discharge.
The Plaintiff “was informed that . . . his contract would not be renewed.” Lawson v. Hinds County School Dist., 2014 WL 373199 *1 (S.D. Miss. Feb. 3, 2014) (Jordan,…
Employment Law Worldview
Harry Redknapp weighs into UK constructive dismissal debate
One of the players at Queens Park Rangers FC, Adel Taarabt, has not been playing very regularly of late. When asked about this back in October, manager Harry Redknapp told…
Texas Employment Law Update
I Quit! Constructive Discharge Serves as Substitute for Adverse Employment Action
An essential element of most employment discrimination claims is that the employee suffered an adverse employment action. An employee who resigns often has difficulty making out a prima facie case of…
Employment Law Worldview
Does being told to “F*** off” by your boss constitute constructive dismissal?
Yes, according to a recent decision in Australia’s Fair Work Commission concerning an employee who claimed that her resignation after an altercation with her boss was unfair constructive dismissal. The…
Global Workplace Insider
Delayed Promotion Not Constructive Dismissal
In the recent case of Penteliuk v CIBC World Markets Inc, the Ontario Superior Court held that an employee whose promised promotion was taking longer than expected was not constructively…
Texas Employment Lawyer
Employer giving employee the option of turning in two weeks notice or being immediately terminated is constructive discharge.
By JCOHEN
“McMann testified in his deposition that Watson told him that he had an option of turning in his two weeks notice or being terminated immediately…. The factual dispute[s] … are…