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Constructive Discharge

200 published works

  1. Employment Law Worldview

    Upholding grievances – kill or cure?

    By David Whincup

    If you make some horrible error in your treatment of an employee, how far can your addressing it swiftly prevent it becoming a constructive dismissal claim?   Two quite similar stories…

  2. Employment Discrimination Report

    Federal Court: Reassignment To Demeaning Job May Be Grounds For Claim of Constructive Discharge

    By Psyche Tai (HK)

    A federal appeals court has ruled in a Title VII race case arising out of Arkansas that reassigning an employee to a position that a reasonable employee would find “demeaning…

  3. Employment Law Worldview

    Constructive dismissal the easy way

    By David Whincup

    Transatlantic Financial Services website Financial Markets & Business News - Here Is The City - The Financial Markets Guide quoted last week a passage from the book "The Making of…

  4. Sixth Circuit Appellate Blog

    The Sixth Circuit Affirms Reinstatement in Lieu of $4.4M Front Pay Award on Disabled Vet’s Constructive Discharge Claim

    By Squire Patton Boggs

    Last week, the Sixth Circuit affirmed that disabled Army veteran, James McKelvey was only entitled to reinstatement and back pay on his constructive discharge claim, in lieu of a $4.4M…

  5. Employment & Human Rights Law in Canada

    Constructive Dismissals in a Struggling Economy

    By Lisa Stam

    Recently, a reader asked me whether cutting back the hours of a department of hourly paid employees by about 5 hours a week for a few months would create any…

  6. Employment Law Worldview

    A whole new ball game? Constructive dismissal in the sports arena

    By Squire Patton Boggs

    Multi-million pound salaries, glamour-model girlfriends, and celebrity lifestyles, all for three mornings’ training per week and a 90 minute kick-around on the weekend. It is no surprise that managers and…

  7. Employment Law Matters

    Constructive discharge claim requires “intolerable” conditions.

    By Maria Danaher

    The 8th U.S. Circuit Court of Appeals has upheld summary judgment against a bank teller who claimed that she was constructively discharged when she left her job on the last…

  8. Connecticut Employment Law Blog

    Quitters Rarely Win…In Constructive Discharge Claims

    By Daniel Schwartz

    While fans of the long running television reality show Survivor may suggest the timing of this post is geared to the events of last night's episode that featured two players…

  9. Labor Law Prof Blog

    Jumping the Gun on a “Resignation”

    By Workplace Prof

    Where a contract for a term of years is involved, it's pretty clear that, just as the employer cannot fire the individual (except for cause), the employee cannot merely resign…

  10. Employment Law Matters

    Physician’s constructive discharge claim required only that a protected characteristic played a “motivating part” in hospital-employer’s conduct.

    By Maria Danaher

    It is generally understood that employees can bring claims for hostile environment, wrongful termination, or even “constructive discharge” – where an employee claims that an employer made working conditions so…