Employment Principal Sid Steinberg Analyzes a Case Involving an Employee "Constructively Discharged," in January Legal Intelligencer Column
Employment & Employee Relations Principal Sidney R. Steinberg looks at the case of Hepparrd vs. EDSI Solutions in his January 14, 2015 column for The Legal Intelligencer. The case involved a test of the standard of being "constructively discharged" or working under conditions "so intolerable that a reasonable person would have had no choice but to resign.”
In his analysis of the case, Mr. Steinberg notes that:
"The Heppard decision seems to lower the bar for an employee to claim that he or she was constructively discharged by allowing an employee’s perception of an adverse action to a co-worker to be the act precipitating her resignation. While there appear to have been arguably adverse actions in the weeks and months before her resignation, Heppard continued in her employment, thereby calling into question how those events were perceived and whether they created the type of intolerable conditions necessary to support the claim."