Employee Resignation Starts the Clock on Deadline to File Constructive Discharge Lawsuit

On May 23, 2016, the United States Supreme Court ruled in Green v. Brennan that former employees seeking to file constructive discharge claims must do so in a timely fashion after a voluntary resignation. The timeline is important because, depending on the jurisdiction, claimants are required to file a charge of discrimination claim with the Equal Employment Opportunity Commission (EEOC) within 180 or 300 days after the date of the alleged discrimination and/or retaliation. Federal employees, like the employee in Green, only have 45 days. More


Practice Area:

Labor & Employment