Employment Law This Week: Constructive Discharge Claims, Class Waivers, Hiring Bias, Electronic Record-Keeping Rule, Equal Pay
Some good lessons here. I assume our readers all know what a “constructive discharge” is, but just in case you don’t, it’s when an employer deliberately makes the employee’s life at work so miserable that the employee feels...more
Our June update includes cases on whether an employer notified of an employee’s pregnancy just before termination is liable for a pregnancy dismissal, whether an employer’s future discovery of a disability makes it...more
The federal court for the Northern District of California recently declined to dismiss a former Al Jazeera International employee’s constructive wrongful termination claim against the news outlet, finding that requiring an...more
Proving that non-economic damages and perhaps attorney’s fees are driving forces in litigation, constructive discharge clams were asserted and survived summary judgment in a federal district court action in Oregon. The...more
The concept of constructive discharge appears regularly in employment law cases and commentary, but we’ve found that it’s not always well understood. Because a constructive discharge can have all the consequences of a typical...more
Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more
If you have a poor performer, is it better to make a clean break and fire him, or is it better to prolong his (and your) agony? That is obviously a biased question, but some employers will do almost anything to avoid firing...more
Green v. Donahoe involves a Postal Service worker who alleges that he was forced to choose between retirement and a demotion and transfer to another position. The plaintiff quit several months after being given this choice,...more
A school custodian’s hours and work assignments were changed six days after his wife spoke about eliminating the superintendent’s position at a school board meeting about budgetary issues. The custodian’s reassignment...more
In State of Arizona v. ASARCO LLC, WL 6918577, published December 10, 2014, the Ninth Circuit Court of Appeals held that an award of $300,000 in punitive damages did not violate due process even though no compensatory damages...more
Many employers are familiar with the concept of constructive wrongful termination, a legal theory invoked by plaintiffs who claim that they were forced to quit as a result of intolerable and illegal working conditions. But...more