News & Analysis as of

Supreme Court of the United States › Constructive Discharge

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Ogletree, Deakins, Nash, Smoak & Stewart,...

Connecticut Appellate Court Says Constructive Discharge Limitations Period Runs From Last Act of Discrimination, Not Resignation

Ogletree, Deakins, Nash, Smoak & Stewart,... on

The Connecticut Appellate Court recently ruled that a septuagenarian teacher’s claims that she was forced to resign because of age discrimination were untimely. The ruling distinguishes Connecticut law from a 2016 Supreme...more

Brownstein Hyatt Farber Schreck

Here Today, Gone Tomorrow? Supreme Court Uses Emergency Docket to Weigh-in on Section 401 Program

Brownstein Hyatt Farber Schreck on

Entities seeking federal authorization for infrastructure projects that may impact waters of the United States must obtain a Section 401 certification under the Trump administration’s narrowed Section 401 certification...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Applebee’s Franchisee for Sexual Orientation and Race Discrimination, Retaliation and Constructive Discharge

U.S. Equal Employment Opportunity Commission... on

Employer Permitted Racist and Homophobic Slurs, and Cut Hours of Employee Who Complained, Federal Agency Charges - TAMPA, Fla. – Neighborhood Restaurant Partners Florida, LLC, doing business as Applebee’s, violated federal...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Employment Flash - August 2016"

Skadden, Arps, Slate, Meagher & Flom LLP on

The August 2016 edition of Employment Flash covers a number of developments, including the U.S. Supreme Court's ruling on when the clock starts ticking on the filing period for constructive discharge claims; the Department of...more

Proskauer - California Employment Law

California Employment Law Notes - July 2016

Proskauer - California Employment Law on

Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more

Franczek P.C.

A Review of the Supreme Court’s 2015 - 2016 Term

Franczek P.C. on

Last week, the Supreme Court ended its 2015-2016 session under a cloud of uncertainty. On February 22, 2016, Justice Antonin Scalia, the stalwart of the Court’s conservative wing for 30 years, passed away. Justice Scalia’s...more

Laner Muchin, Ltd.

U.S. Supreme Court Provides Clarity On Statute Of Limitations In Constructive Discharge Title VII Cases

Laner Muchin, Ltd. on

In a ruling on May 23, 2016, the United States Supreme Court provided much needed clarity on an issue that had caused a split among federal Circuit courts: when is a claim for constructive discharge under Title VII filed too...more

Foley & Lardner LLP

Expanding the Timer: Supreme Court Gives Employees More Time to File Claims

Foley & Lardner LLP on

They say that timing is everything — or at least now it is for so-called “constructive discharge” claims. Last month, the United States Supreme Court, in a 7-1 decision, solidified the rule that the time within which an...more

Hinshaw & Culbertson LLP

Employment Practices Newsletter - June 2016

Hinshaw & Culbertson LLP on

EEOC Issues Final Regulations on Wellness Programs - It seems to be a win-win when employers who provide employees with incentives to encourage healthy behavior. But employers that do so must contend with an alphabet...more

Fisher Phillips

May 2016: Ten Biggest Labor And Employment Law Stories

Fisher Phillips on

The world of labor and employment law is always rapidly evolving. In order to make sure that you stay on top of the latest developments, we typically bring you a review of the five biggest stories from previous month. May...more

Genova Burns LLC

Tick-Tock Goes the Clock: SCOTUS Clarifies the Statute of Limitations in Constructive Discharge Actions

Genova Burns LLC on

On May 23, 2016, the United States Supreme Court issued its opinion in Green v. Brennan, Postmaster General, in which the Court gave aggrieved employees in workplace discrimination cases more time to file complaints against...more

Parker Poe Adams & Bernstein LLP

Supreme Court Says Limitations Period for Discrimination Claims Runs Beginning on Date of Constructive Discharge

Parker Poe Adams & Bernstein LLP on

Title VII and related federal civil rights laws contain short administrative claims periods that often result in preclusion of actions filed after expiration of these dates. These exclusions lead to frequent litigation...more

Dickinson Wright

U.S. Supreme Court Holds that Resignation Triggers the Limitations Period for Constructive Discharge Claims

Dickinson Wright on

The United States Supreme Court resolved a split among appellate circuits about when an employee must take action to pursue a constructive discharge claim. The Court held that the 45-day limitation period for a federal civil...more

Constangy, Brooks, Smith & Prophete, LLP

Supreme Court’s Constructive Discharge Decision Makes Sense for Employers and Employees

Constangy, Brooks, Smith & Prophete, LLP on

Monday’s Supreme Court decision in Green v. Brennan, holding that the time for an employee to bring a constructive discharge claim begins running from the date that resignation is tendered, will probably make timeliness...more

Franczek P.C.

Resignation Date Starts the Statute of Limitations Clock In Constructive Discharge Cases, Supreme Court Holds

Franczek P.C. on

On Monday, the U.S. Supreme Court ruled that the statute of limitations for purposes of filing a claim alleging constructive discharge begins to run on the date that the employee resigns, as opposed to the last discriminatory...more

Hinshaw & Culbertson LLP

SCOTUS Aligns Application of Statute of Limitations in Constructive Discharge and Actual Discharge Cases

Hinshaw & Culbertson LLP on

The U.S. Supreme Court held in Green v. Brennan that the statute of limitations for a constructive discharge begins to run on the date of resignation, not the date of the employer’s last discriminatory act, resolving a...more

Jackson Lewis P.C.

Supreme Court: Constructive Discharge Limitations Period Begins with Notice of Resignation

Jackson Lewis P.C. on

The U.S. Supreme Court has ruled that the statute of limitations for an employee’s Title VII constructive discharge claim begins on the date of the employee’s notice of resignation. Green v. Brennan, No. 14-613 (May 23,...more

FordHarrison

Supreme Court Rules that Statute of Limitations Period for Constructive Discharge Claims Begins to Run from Date of Notice of...

FordHarrison on

The U.S. Supreme Court recently held that the statute of limitations period for constructive discharge claims under Title VII of the 1964 Civil Rights Act (Title VII) begins to run from the date that the employee gives the...more

Littler

Supreme Court Clarifies the Time Period for Initiating Constructive Discharge Claims

Littler on

On May 23, 2016, the United States Supreme Court issued its decision in Green v. Brennan, holding that the statute of limitations for a constructive discharge claim begins to run at the time the employee resigns. While the...more

Fisher Phillips

SCOTUS Gives Boost To Employee Constructive Discharge Claims

Fisher Phillips on

In a 7-1 decision, the U.S. Supreme Court ruled today that the statute of limitations for Title VII constructive discharge claim begins on the date of the employee’s notice of resignation, not on the date of the last alleged...more

McAfee & Taft

Resignation triggers clock start for filing constructive discharge claims

McAfee & Taft on

Federal law requires a governmental employee to file a constructive discharge claim with the Equal Employment Opportunity Commission within 45 days of the “matter alleged to be discriminatory.” The vagueness of that phrase...more

Sherman & Howard L.L.C.

SCOTUS Gives Plaintiffs Second Apple

Sherman & Howard L.L.C. on

Today the U.S. Supreme Court gave would-be plaintiffs not just a second bite at the apple, but an entirely new apple when it comes to Title VII limitations periods. Green v. Brennan. The Court held today that Title VII’s...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Green v. Brennan

Faegre Drinker Biddle & Reath LLP on

On May 23, 2016, the Supreme Court of the United States decided Green v. Brennan, No. 14-613, holding that a constructive-discharge claim accrues — and the limitations period begins to run — when the employee gives notice of...more

Miller Canfield

Supreme Court: Constructive Discharge Limitations Period Starts When Employee Resigns

Miller Canfield on

The Supreme Court ruled, on May 23, 2016, that for employees alleging that they were “constructively discharged” from their employment (as opposed to terminated by their employer), the statute of limitations begins to run...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

SCOTUS Rules: Notice of Resignation Starts the Clock in a Federal Employee’s Constructive Discharge Case

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On May 23, 2016, the Supreme Court of the United States decided when the limitations period for filing a lawsuit begins to run for a federal employee claiming he or she resigned—or was “constructively discharged”—due to...more

30 Results
 / 
View per page
Page: of 2
Next »

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide