Tag: constructive discharge

Trump v. Sessions: Constructive discharge? ‘We’ll see what happens’

by Michele L. (Warnock) Brott Not long ago, I wrote a rather lofty theoretical analysis about the notion of “constructive discharge,” or the legally frowned-upon practice of forcing employees to quit instead of firing them. I never expected a real-life threat of constructive discharge to erupt on the national stage. But, voilà! The very public […]

Supreme Court issues number of important employment rulings

by Sean D. Lee The U.S. Supreme Court’s October 2015 term ended in late June 2016. Employers and federal contractors should take note of several recent decisions that affect businesses nationwide across a broad range of areas, including employment discrimination, affirmative action, and overtime exemptions.   Green v. Brennan In Green v. Brennan (May 23, 2016), […]

Ruling gives employees more time to file constructive discharge claims

by Tammy Binford A May 23 U.S. Supreme Court ruling clears up questions about how long employees have to file constructive discharge claims, and the decision likely means more pressure for employers potentially facing such lawsuits. In Green v. Brennan, the Court ruled 7-1 that a U.S. Postal Service employee in Englewood, Colorado, filed a […]

Keep your eyes on these labor and employment Supreme Court cases

by Judith E. Kramer The first Monday in October (October 5) marked the beginning of the U.S. Supreme Court’s new term. While during the course of the 2015-2016 term the Court could agree to hear additional cases, these are the labor and employment cases currently on the docket, as well as a case involving affirmative […]