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Constructive Discharge

200 published works

  1. 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…

  2. New Jersey Law Blog

    Franchisors May Be Held Liable for the “Constructive Termination” of a Franchise

    By Stark & Stark

    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.…

  3. Employment & Labor

    At Will Agreement Defeats Termination Claim: Bernard v. State Farm Mutual Automobile Insurance

    By Labor & Employment

    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…

  4. World of Employment

    Failure to Accommodate Disabled Employee May Result in Constructive Discharge

    By Dennis Westlind

    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…

  5. Labor Law Prof Blog

    Sixth Circuit Holds that Failure to Accommodate Can Be Constructive Discharge

    By Workplace Prof

    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…

  6. 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…

  7. Labor Law Prof Blog

    Flatulence

    By Workplace Prof

    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…

  8. 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…

  9. ContractsProf Blog

    Cases: Cutting duties isn’t constructive discharge

    By ContractsProf Blog

    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…

  10. 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…