Law360 featured comments from Partner Carrie B. Hoffman, co-chair of the Firm’s labor and employment practice, regarding the recent U.S. Supreme Court ruling that a constructive discharge claim begins once an employee resigns. Prior to the decision, an employee’s filing period began after an employer’s last act of bias.
“The Green holding means that fewer cases will be dismissed on statute of limitations grounds and that individuals can wait to ‘start the clock’ running on their claims by waiting to resign — something that seems to run counter to the concept that the working conditions were so intolerable as to require resignation,” said Ms. Hoffman. “Employers will now be litigating the issue of whether a reasonable person would have resigned under that timeline.”
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