Topic
Constructive Discharge
200 published works
Employment Law Worldview
Time heals all wounds – yes, but when?
One of the fundamental principles of claiming constructive dismissal in the UK is that you should not leave it so long between the employer’s breach of contract and your resignation…
Franchising & Distribution Law Blog
Federal District Court Extends PMPA Constructive Termination Rules to State Franchise Law
In 2010, the United States Supreme Court famously ruled that in cases under the Petroleum Marketing Practices Act (“PMPA”), 15 U.S.C. § 2801 et seq., a franchisee could not state…
Labor & Employment Law Blog
New Decision Examines the Scope of Constructive Discharge
By Thomas Kaufman, Michael Campbell
On December 31, 2013, in Vasquez v. Franklin Management Real Estate Fund, Inc., the California Court of Appeal held that a maintenance technician, who alleged that he was constructively discharged…
Disability, Leave & Health Management Blog
45 Minute “Dressing Down” Does Not Support ADA Constructive Discharge Claim
An employee who claimed her supervisor “dressed [her] down” for 45 minutes, telling her during the tirade that she was unqualified for her job “because bipolar people are deficient, flighty,…
Employment Law Worldview
UK High Court imposes 12 months’ garden leave on “implausible and opportunistic” stockbroker
In one’s darker moments at work the prospect of 12 months’ compulsory paid leave sounds like the way to go. In reality, the damage done to your name, skills and…
Global Workplace Insider
Hope for employers seeking to manage performance issues
Where an employer unilaterally fundamentally or substantially changes the terms and conditions of employment, it is possible that an employee will raise an allegation of constructive dismissal, seeking notice and…
Virgin Islands Law Blog
Court Recognizes Constructive Discharge Employment Claim for First Time under VI Wrongful Discharge Act
By Ravi S. Nagi
Judge Susan D. Wigenton of the District Court of the Virgin Islands, Division of St. Thomas and St. John recently entertained the motion of the defendant Marriott Hotel Management Company…
Employment & Human Rights Law in Canada
When Does Racism Amount to a Poisoned Workplace?
By Lisa Stam
Does racism necessarily lead to a poisoned workplace? At the end of last month, the Ontario Court of Appeal concluded in General Motors of Canada Limited v Yohann Johnson that…
Employer Law Report
When Managers and Social Media Collide: Court Finds That Blog and Drunken Facebook Posts By Coyote Ugly’s Managers Do Not Amount to Adverse Actions or are Enough for Constructive Discharge Claim
Stewart v. CUS Nashville, LLC, No. 3:11-cv-0342, 2013 U.S. Dist. LEXIS 16035 (M.D. Tenn. Aug. 8, 2013) serves as a cautionary tale to employers about the disastrous impact that can…
Disability, Leave & Health Management Blog
Denying Request to Change Worksite Supports ADA Constructive Discharge Claim
A plaintiff’s claim that she was constructively discharged because her employer refused to transfer her to an office closer to the place where she received therapy to deal with the…