News flash: There’s life beyond the COVID-19 pandemic! In fact, yesterday, the Connecticut Supreme Court released an entirely non-COVID-19 related decision on the topic of “constructive discharge”. I’ve talked about constructive discharge in prior posts, but the new case clarifies nearly two decades of jurisprudence in the area. Despite the lowering of the bar for employees to raise such claims, employees still have a significant burden to overcome. First off – why is this important? Well, in discrimination cases, an employee has to show an “adverse employment action”. Normally, that’s a termination of employment. But sometimes employees quit. Most of the time, that’s not enough to satisfy an “adverse employment action”. But in some cases, the employees say that they were compelled to resign — in other words, they were “constructively discharged”. The Supreme...
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