Topic
Constructive Discharge
200 published works
Employment Law Watch
TUPE and Constructive Dismissal
By Ruth Bonino
In an important decision concerning TUPE transfers, the Employment Appeal Tribunal (EAT) has given guidance in the case of Tapere v South London & Maudsley NHS Trust on, first, the…
New Jersey Law Blog
Franchisors May Be Held Liable for the “Constructive Termination” of a Franchise
In a recent Appellate Court Decision, the New Jersey Court of Appeals has determined that a "constructive termination" of a franchise constitutes a violation of New Jersey's Franchise Practices Act.…
Employment & Labor
At Will Agreement Defeats Termination Claim: Bernard v. State Farm Mutual Automobile Insurance
In Bernard v. State Farm Mutual Automobile Insurance, plaintiff sued his employer for constructive discharge and "breach of covenant of good faith and fair dealing," claiming it misrepresented its sales…
World of Employment
Failure to Accommodate Disabled Employee May Result in Constructive Discharge
According to a recent Americans with Disabilities Act case from the U.S. Sixth Circuit Court of Appeals, a failure to accommodate an employee's disability may result in a constructive discharge…
Labor Law Prof Blog
Sixth Circuit Holds that Failure to Accommodate Can Be Constructive Discharge
Late last week, the Sixth Circuit issued a decision in Talley v. Family Dollar Stores of Ohio, in which it reversed, in part, a grant of summary judgment in favor…
California Employment Law Update
Court Affirms Judgment And Attorney’s Fees Award To Employee Who Suffered Retaliation
By Tony Oncidi
Steele v. Youthful Offender Parole Bd., 162 Cal. App. 4th 1241 (2008) Lisa Steele worked as an office assistant/receptionist for the YOPB. In her spare time, Steele competed in several…
Labor Law Prof Blog
Flatulence
According to BBC News, via Andrew Scott-Howman's Life at Work, an employee at Leeds Metropolitan University suffering from severe irritable bowel syndrome brought claims of disability, racial discrimination, and constructive…
California Employment Law Update
Customs Service Employee Was Retaliated Against, But Not Constructively Discharged
By Tony Oncidi
Poland v. Chertoff, 494 F.3d 1174 (9th Cir. 2007) James R. Poland, a former employee of the U.S. Customs Service, alleged age discrimination in violation of the ADEA, retaliation and constructive…
ContractsProf Blog
Cases: Cutting duties isn’t constructive discharge
An employee whose contract provided that he would keep his job title and benefits following a merger had no cause of action for constructive discharge after his authority was cut…
California Employment Law Update
Affirmative Defense May Be Available To Employer That Constructively Terminated Sexual Harassment Victim
By Tony Oncidi
Pennsylvania State Police v. Suders, 542 U.S. 129, 124 S. Ct. 2342 (2004) Nancy Drew Suders alleged sexual harassment by her supervisors, officers of the Pennsylvania State Police (PSP), of…