Law360

Authors: Cindy Schmitt Minniti

Type: Articles Published

The decision now puts more control in the hands of the departing employee. There is a short time frame in which to file employment claims with the EEOC: 180 or 300 days. Given the recent decision, employees can extend the time between their resignation and the actions they are alleging gave rise to the constructive discharge. For example, an employee can wait until after a bonus payout to resign and yet allege the reason(s) for the resignation occurred months prior. It will be more important than ever for employers to make sure they are documenting the reason for employment decisions. As they may be defending actions which transpired well before the resignation and the filing of the EEOC charge.

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