News Notes: Worker With No Desk And No Duties Can Sue For Age Bias

Although many employers don’t realize it, you can be sued for wrongful termination even if the person quit instead of being fired. That’s because employees can claim they were ‘constructively discharged’ when working conditions become so intolerable that a reasonable person would be compelled to quit. In one recent case, a 56-year-old country club secretary, Carol Poole, claimed that her manager said he was ‘too fast-paced for an elderly secretary.’ He also told her she was ‘too old, had too many lines on her face, and too many gray hairs.’ The final straw came when Poole’s boss allegedly transferred her to a new position, provided her with a chair but no desk, assigned her no job duties, and instructed co-workers not to speak to her. Poole quit and sued for age discrimination. The country club asked the court to throw out the case because Poole had voluntarily resigned. But the court ruled Poole should be allowed to explain to the jury that under the circumstances she was left with no choice but to quit.