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Attys React To High Court's Constructive Discharge Ruling

5.24.16

In the article, “Attys React To High Court's Constructive Discharge Ruling,” featured in Law360, attorneys weigh in on the Supreme Court’s decision in the Green v Brennan case, in which the court ruled that the filing period for a constructive discharge claim starts to run when an employee resigns, rather than the time of an employer's last act of bias that prompted the resignation.

Melody Rayl said, "The court’s decision opens the door for former employees to resurrect prior allegations of discriminatory conduct merely by giving notice of resignation. Thus, employers may now face litigation from an employee who quits months after the employer believes a complaint of alleged discrimination has been completely resolved and put to rest. This decision reinforces the need for employers to make sure any employee who has filed a complaint of discrimination is informed of their obligation to immediately notify the company of any retaliatory conduct and to periodically check in with these employees to confirm that the working environment has improved and no further objectionable conduct has occurred.”

To read the full article, please visit Law360.

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