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· 4/8/2024

Raju J. Mukhi

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • allowing constructive discharge claim to proceed where plaintiff proffered evidence that employer’s offer of layoff with possibility of recall was illusory
  • noting that the typical fourth prong of the prima facie case — that the employee was replaced by someone outside the protected class or that similarly situated employees outside the protected class were treated more favorably — is supplanted in workforce reduction cases
  • detecting prima facie statistical evidence of age discrimination where termi-nees were on average seven years older than those not terminated
  • finding that a constructive discharge would occur if a company coerced an employee to retire by offering him either (1) voluntary retirement with benefits, a lump sum, and retirement payments or (2) an involuntary lay off without benefits and an only illusory chance to be rehired
  • finding that a constructive discharge would occur if a company coerced an employee to retire by offering him either (1) voluntary retirement with benefits, a lump sum, and retirement payments or (2) an involuntary lay off without benefits and an only illusory chance to be rehired
  • “[A] constructive discharge exists if working conditions are such that a reasonable person in the plaintiff’s shoes would feel compelled to resign.”

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.