Constructive Discharge

In Moultry v. Rockland Psychiatric Center, 2020 WL 2765870 (SDNY May 28, 2020) (J. Roman), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of constructive discharge. From the decision: A “[c]onstructive discharge of an employee occurs when an employer, rather than directly discharging an individual, intentionally creates an intolerable work atmosphere that…

Read More Constructive Discharge Claim Sufficiently Alleged Against Rockland Psychiatric Center

In Soto v. CDL (New York) L.L.C., 2020 WL 2133370 (S.D.N.Y. May 5, 2020) (J. Failla), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s constructive discharge claim. The court summarized the law as follows (internal quotation marks and citations omitted): An employee is constructively discharged when his employer, rather than discharging…

Read More Constructive Discharge Claims Survive Summary Judgment

In Pignone v. United Parcel Service, Inc., 2020 WL 1140509 (N.D.N.Y. March 9, 2020), the court dismissed plaintiff’s hostile work environment claim, finding that there was no act committed by defendant within the relevant statute of limitations (here, three years under the New York State Human Rights Law). (while the court denied defendant’s motion to…

Read More Court Dismisses Hostile Work Environment Claim Against UPS on Statute of Limitations Grounds

In Green v. Town of East Haven, 2020 WL 1146687 (2d Cir. March 10, 2020), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated a district court’s order grantinf defendant’s motion for summary judgment dismissing plaintiff’s claim of age discrimination under the Age Discrimination in Employment Act (ADEA) under a theory of…

Read More Constructive Discharge Claim Revived from Summary Judgment Dismissal

In Matter of Colon (Staffing Solutions Org. LLC – Commissioner of Labor), No. 528844, 2020 N.Y. Slip Op. 00656, 2020 WL 476389 (N.Y.A.D. 3 Dept., Jan. 30, 2020), the court upheld the denial of unemployment benefits to claimant, who resigned from her employment citing, among other things, a hostile work environment. The Department of Labor…

Read More Unemployment Benefit Denial Upheld, Notwithstanding Alleged Hostile Work Environment

In Buczakowski v. Crouse Health Hospital, Inc. et al, 18-cv-330, 2019 WL 6330206 (N.D.N.Y. Nov. 26, 2019), the court, inter alia, held that plaintiff sufficiently alleged a constructive discharge claim. The court’s analysis, briefly summarized below, follows and builds on its finding that plaintiff sufficiently alleged a hostile work environment (which I discussed here). The…

Read More Constructive Discharge Claims Sufficiently Alleged Against Crouse Health Hospital

In Dipietrantonio v Deer Park Union Free School District, No. 610828/17, 64 Misc. 3d 1239(A), 2019 N.Y. Slip Op. 51459(U), 2019 WL 4384169 (Sup Ct, Sep. 09, 2019), the court dismissed plaintiff’s claims – on timeliness and procedural grounds, without assessing the merits – of sex and age discrimination under the New York State Human…

Read More Discrimination & Constructive Discharge Claims Against School District Dismissed on Statute of Limitations Grounds

In Phoenix v New York State Dept. of Health, No. 151915/2015, 2019 WL 5150271 (N.Y. Sup Ct, New York County Oct. 09, 2019), the court dismissed plaintiff’s constructive discharge and race discrimination claims. As to plaintiff’s constructive discharge claim, the court explained (citations omitted): To state a claim for constructive discharge, plaintiff must allege facts…

Read More Constructive Discharge & Discrimination Claims Dismissed Against NYS Dept. of Health

In Crookendale v. New York City Health & Hosps. Corp., 2019 NY Slip Op 06446 (App. Div. 1st Dept. Sept. 3, 2019), the court held that plaintiff’s NYC Human Rights Law gender discrimination should not have been dismissed. From the decision: The motion court should not have dismissed the claim of gender discrimination while sustaining…

Read More NYCHRL Gender Discrimination Claim Should Not Have Been Dismissed, 1st Department Holds