Rescission of Resignation Tanked Constructive Discharge Claim, Court Holds

In Petrisko v Animal Medical Center, No. 151573/2018, 2019 WL 1311026 (N.Y. Sup Ct, New York County Mar. 22, 2019), the court, inter alia, dismissed plaintiff’s constructive discharge claim.

The court explained that “[t]o state a claim for an adverse employment action based on a constructive discharge the plaintiff must allege facts tending to show that the employer deliberately created working conditions so intolerable, difficult or unpleasant that a reasonable person would have felt compelled to resign.” Id. at *9.

The court observed that “[a]n employee’s rescission of her resignation demonstrates that conditions were not so intolerable to compel resignation,” and that “[h]ere, it is undisputed that plaintiff attempted to rescind her resignation, thereby negating her assertion of a constructive discharge, and thus failing to state a cause of action for an adverse employment action.” Id.

It also determined that “an employer’s rejection of a retraction of an employee’s resignation does not constitute an adverse employment action.” Id.

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