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Resignations

Disabled employee wants open position? That may be a reasonable accommodation

06/01/2011
Employers have an obligation to reasonably accommodate disabled employees. They can’t just ignore an accommodation request—especially if it involves the relatively simple step of placing the employee in an open job.

Think co-worker religious bias wasn’t serious? Don’t bet on courts taking such a casual view

06/01/2011
Earlier this year, we told you about a North Carolina religious har­ass­ment case that was dismissed because the judge felt the alleged har­assment wasn’t serious enough to warrant a lawsuit. The EEOC asked the court to re­consider its decision and it did, order­ing the lawsuit reinstated.

No unemployment after quitting to take job that never happened

04/25/2011
Employees who lose their jobs through no fault of their own are generally en­­titled to unemployment compensation benefits. But if an employee simply re­­­­­­­signs from one job to take a better one that never materializes, he can’t collect.

I-35 bridge collapse hero takes retirement settlement

03/14/2011

Minneapolis Fire Department Capt. Shanna Hanson was off-duty when she heard of the I-35 bridge collapse in August 2007. Nevertheless, she grabbed her gear and dove into the Mississippi River in hopes of finding survivors. Television coverage of the disaster made Hanson a local hero. Now, accumulated injuries have taken their toll on the 19-year veteran, so she is taking a $113,000 workers’ compensation buyout and hanging up her fire helmet.

No adverse action? Then don’t fear constructive discharge

02/28/2011

Employees sometimes quit and claim they had no choice because work conditions were so terrible. Sometimes, they sue. In most such cases—the argument is called “constructive discharge”—courts side with employers, provided there’s no evidence the employee suffered an adverse employment action such as a transfer, demotion or pay cut.

Nacogdoches ATV dealer faces constructive discharge suit

02/07/2011
A former secretary at a Nacogdoches vehicle dealership says the sexual harassment there was so severe she had no choice but to quit. That’s the definition of “constructive discharge,” and it’s the basis of the lawsuit Jennifer Burch has filed against Eastex Tractor & Powersports.

When new employee quits, know the legal way to recoup your training costs

01/28/2011

It’s expensive to train employees, especially if the job is highly specialized. Smart employers protect their investments by having new employees sign an agreement to repay training costs if they leave soon after receiving the valuable benefit. Here’s how to recoup those costs.

Nail down specific dates to defeat late lawsuits

01/11/2011
Courts are losing patience with former employees who wait to sue an employer—as long as the employer can produce concrete proof that the employee filed too late.

Asking worker to stay can counter constructive discharge

01/07/2011
Employees who believe they work in a hostile environment can quit and claim they were “constructively discharged,” arguing that no reasonable person would stay and suffer intolerable conditions. But when an employer responds to a resignation with entreaties to stay, chances are the employee will have a hard time arguing things were so terrible she had to quit.

Beware constructive discharge: When work is so intolerable, employee feels he must quit

01/07/2011

Every once in a while, an employee is such a pain in the neck that a manager wishes he would just quit. Methodically, the boss makes life increasingly difficult for the problem child. Finally, the employee resigns. Problem solved, right? Wrong! Now the employee can sue, claiming “constructive discharge.”