An employment relationship may be ended in a variety of ways with different legal consequences, so it’s important to accurately determine the method by which it’s terminated. An involuntary termination (i.e., the employee is fired) occurs when the employer decides to end the employment relationship. A voluntary termination or resignation (i.e., the employee quits) occurs […]
Employers sometimes breathe a sigh of relief when an employee resigns, particularly if the individual had performance problems, made discrimination complaints, or engaged in other types of protected activity. But what counts as a resignation in the state? Under what circumstances might a resignation not actually be a resignation at all?
On August 3, 2021, New York State Attorney General (AG) Letitia James released a 165-page tome documenting—in excruciating and embarrassing detail—how Governor Andrew Cuomo allegedly sexually harassed 11 women and condoned a toxic, misogynistic, and abusive work environment permeated by fears of retaliation. If that wasn’t enough news for the day, Governor Cuomo released his […]
The Tenth U.S. Circuit Court of Appeals recently overturned a trial court’s dismissal of a case without trial. The case was filed by a female manager in Colorado who claimed she was discriminated against after being forced to choose between moving to California as a part-time customer service representative or “voluntarily” resigning. HR Guide to […]