In Green v. Brennan, No. 14-613, 578 U.S. ___ (decided May 23, 2016), the Supreme Court held that the 45-day statute of limitations “clock” for purposes of a federal employee’s “constructive discharge” claim begins running on the date of the employee’s resignation, rather than on the date of the alleged discriminatory actions prompting the employee’s…Read More SCOTUS Holds That a Constructive Discharge Claim Accrues on the Resignation Date for Statute of Limitations Purposes
The Southern District of New York’s recent decision in Robinson v. Vineyard Vines, LLC, No. 15CIV4972VBJCM, 2016 WL 845283 (S.D.N.Y. Mar. 4, 2016) provides an example of how the work product doctrine operates in the context of an employment discrimination/sexual harassment case. In this case, plaintiff alleged that another employee “repeatedly sexually harassed her and…Read More Investigative Documents in Sexual Harassment Case Were Protected as Work Product
In employment law, the term “constructive discharge” is used to describe a scenario in which, in sum, an employee is not terminated (i.e. discharged) directly by the employer, but rather that things got so bad that they were, in essence, “forced to quit.” As recently explained by the court in Ingrassia v. Health & Hosp.…Read More What is a “Constructive Discharge”?