What constitutes deliberate action on the part of the employer to support a constructive discharge claim?
MultiRegion, United States of America
The following excerpt is from Adams v. Festival Fun Parks, LLC, No. 13-1183-cv (2nd Cir. 2014):
Our case law "indicates that something beyond mere negligence or ineffectiveness is required" to constitute "deliberate action on the part of the employer" sufficient to support a claim of constructive discharge. Whidbee v. Garzarelli Food Specialties, Inc., 223 F.3d 62, 74 (2d Cir.
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