Calvin Associates, Inc.

post »“SCOTUS to Decide Filing Period for Constructive Discharge Claims” 10-23-15

October 29 2015, 4:26 pm

The Supreme Court will hear arguments in November to settle a circuit split as to when the clock starts running to pursue a Constructive Discharge claim. Constructive Discharge occurs when an employer unlawfully creates working conditions so intolerable that a reasonable person in the employee’s position feels forced to resign. Both public and private employees have time limitations on seeking mandatory advice prior to filing a Complaint in court. The central issue covers whether the clock starts the date the employee resigns or gives notice of resignation, or the date of the employer’s last alleged discriminatory act. “None of the information contained herein should be construed as legal advice, nor are Calvin Associates consultants engaged to offer legal advice. If there is a need for legal advice, please contact and seek the advice of independent legal counsel.