Employment Litigation, Constructive Discharge, Resignation

Maine’s Highest Court Narrows Scope of Continuing Violation Doctrine in Discrimination Claims

Fisher Phillips on 7/10/2025

The Maine Supreme Judicial Court just handed employers a win by narrowing the application of the “continuing violation” doctrine in discrimination claims under the state’s primary anti-bias law. This doctrine permits...more

Employers’ power to suspend employees under HK law

BCLP on 7/7/2021

In Lengler Werner v. Hong Kong Express Airways Limited [2021] HKCFI 1333, the Court of First Instance (the “Court”) examined the power of “suspension” of an employee, including under section 11 of the Employment Ordinance...more

Whistleblower Claim a No-Go for Employee who Voluntarily Resigned

Genova Burns LLC on 9/27/2019

The New Jersey Appellate Division in Portilla v. Maxim Healthcare Services, Inc., recently upheld the dismissal of a constructive discharge lawsuit by a registered nurse, lawyer, and self-described “paradigmatic...more

Court Establishes 5 Factors to Determine When A School District Offer to Resign Is Actually A Constructive Discharge

Tucker Arensberg, P.C. on 6/26/2019

Judge v. Shikellamy Sch. Dist., 905 F.3d 122 (3d Cir. 2018). When a public school district offers an employee a chance to resign in lieu of termination, courts will review five factors to determine whether the resignation...more

Did Holly Judge Really Resign? After Close Review, Third Circuit Rejects Her Constructive Discharge Claims

Seyfarth Shaw LLP on 10/30/2018

Seyfarth Synopsis: In Judge v. Shikellamy Sch. Dist., No. 17-2189, 2018 U.S. App. LEXIS 27229 (3d Cir. Sep. 24, 2018), the 3rd Circuit Court of Appeals adopted a new approach to constructive discharge cases where an employee...more

The Sixth Circuit Shows That Balancing ADA Obligations With Enforcement Of Workplace Rules Is Far From An Exercise In Futility

Seyfarth Shaw LLP on 9/20/2018

Seyfarth Synopsis: Employers face a tough challenge in trying to balance their obligations under the ADA with efforts to enforce workplace rules. A recent decision out of the United States Court of Appeals for the Sixth...more