Employees can sometimes quit and sue for constructive discharge if their employer made work life intolerable. That doesn’t mean an employee can quit anytime she faces a difficult situation. She has to let her employer try to resolve the problem first.
Recent case: Angela returned fromand was still breast-feeding. She immediately demanded a milk-expression room. None was available, so her supervisor suggested she temporarily use the wellness room.
Angela refused because she feared her milk would be contaminated. She resigned, claiming that she had endured great physical pain because she couldn’t express milk when necessary. She sued, alleging constructive discharge.
The court tossed out the case, reasoning Angela should have worked with her supervisor and accepted the compromise offered. (Ames v. Nationwide, No. 2-3780, 8th Cir., 2014)
- Basing pay on past salary alone may spark a legal claim
- Great! You have an anti-harassment policy; now make sure all your employees can use it
- Even if not job-related, consider granting easy disability accommodations
- Changing compensation systems? Here's how to avoid age discrimination claims
- Age bias settlement: Need ADEA waiver, too?