Constructive Discharge

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In Matter of Colon (Staffing Solutions Org. LLC – Commissioner of Labor), No. 528844, 2020 N.Y. Slip Op. 00656, 2020 WL 476389 (N.Y.A.D. 3 Dept., Jan. 30, 2020), the court upheld the denial of unemployment benefits to claimant, who resigned from her employment citing, among other things, a hostile work environment. The Department of Labor…

Read More Unemployment Benefit Denial Upheld, Notwithstanding Alleged Hostile Work Environment
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In Buczakowski v. Crouse Health Hospital, Inc. et al, 18-cv-330, 2019 WL 6330206 (N.D.N.Y. Nov. 26, 2019), the court, inter alia, held that plaintiff sufficiently alleged a constructive discharge claim. The court’s analysis, briefly summarized below, follows and builds on its finding that plaintiff sufficiently alleged a hostile work environment (which I discussed here). The…

Read More Constructive Discharge Claims Sufficiently Alleged Against Crouse Health Hospital
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In Dipietrantonio v Deer Park Union Free School District, No. 610828/17, 64 Misc. 3d 1239(A), 2019 N.Y. Slip Op. 51459(U), 2019 WL 4384169 (Sup Ct, Sep. 09, 2019), the court dismissed plaintiff’s claims – on timeliness and procedural grounds, without assessing the merits – of sex and age discrimination under the New York State Human…

Read More Discrimination & Constructive Discharge Claims Against School District Dismissed on Statute of Limitations Grounds
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In a recent case, Dinola v. Board of Education of the City of New York, 15-CV-8139, 2019 WL 5593286 (SDNY Oct. 30, 2019), the court dismissed plaintiff’s employment discrimination claims asserted pursuant to the New York State and City Human Rights Laws. Here, in sum, plaintiff asserts that she was subjected to discrimination based on…

Read More Teacher’s Constructive Discharge Claim Dismissed
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In Phoenix v New York State Dept. of Health, No. 151915/2015, 2019 WL 5150271 (N.Y. Sup Ct, New York County Oct. 09, 2019), the court dismissed plaintiff’s constructive discharge and race discrimination claims. As to plaintiff’s constructive discharge claim, the court explained (citations omitted): To state a claim for constructive discharge, plaintiff must allege facts…

Read More Constructive Discharge & Discrimination Claims Dismissed Against NYS Dept. of Health
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In Crookendale v. New York City Health & Hosps. Corp., 2019 NY Slip Op 06446 (App. Div. 1st Dept. Sept. 3, 2019), the court held that plaintiff’s NYC Human Rights Law gender discrimination should not have been dismissed. From the decision: The motion court should not have dismissed the claim of gender discrimination while sustaining…

Read More NYCHRL Gender Discrimination Claim Should Not Have Been Dismissed, 1st Department Holds
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In Petrisko v Animal Medical Center, No. 151573/2018, 2019 WL 1311026 (N.Y. Sup Ct, New York County Mar. 22, 2019), the court, inter alia, dismissed plaintiff’s constructive discharge claim. The court explained that “[t]o state a claim for an adverse employment action based on a constructive discharge the plaintiff must allege facts tending to show…

Read More Rescission of Resignation Tanked Constructive Discharge Claim, Court Holds
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In Colas v. City of University of New York, 17-cv-4825, 2019 WL 2028701 (E.D.N.Y. May 7, 2019), the court, inter alia, dismissed plaintiff’s pregnancy-based hostile work environment and constructive discharge claims. As to plaintiff’s hostile work environment claim, the court explained: Here, Defendants contend that Plaintiff’s allegations “amount to dissatisfaction with her supervisors, … personality…

Read More Pregnancy-Based Hostile Work Environment, Constructive Discharge Claims Dismissed Against CUNY
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In Garcia v. The Comprehensive Center, LLC et al, 17-CV-8970, 2018 WL 3918180 (S.D.N.Y. Aug.16, 2018), the court, inter alia, granted plaintiff’s motion for default judgment on her race and gender discrimination (constructive discharge) claims. Plaintiff’s allegations are, to say the least, shocking: For the last two years of her employment, Garcia suffered increasingly abusive treatment…

Read More Default Judgment Granted as to Race, Gender Discrimination (Constructive Discharge) Claims
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In Makinen v. City of New York, 2018 WL 546409 (2d Cir. Jan. 25, 2018) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of plaintiffs’ constructive discharge claim under the Americans with Disabilities Act and the New York State Human Rights Law. In sum, plaintiffs (city police officers) alleged that they suffered discrimination…

Read More 2d Circuit Affirms Dismissal of Plaintiffs’ Constructive Discharge Claims Based on Perceived Alcoholism
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