· 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).
Sourced from CourtListener / Free Law Project (CC0).
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.