Skip to main content

One to Keep An Eye On: Green v. Donahoe, United States Supreme Court


As with many employment and labor law related cases that are being litigated around the country, there are always a few that stand out.  This is one to keep an eye on.


Facts:  Marvin Green ("Green") worked for the U.S. Postal Service and alleged that his employer retaliated against him after he made employment discrimination claims.  He was investigated, threatened with criminal prosecution and put on unpaid leave.  Shortly after he was put on leave, he was allowed to choose to retire or work in a position that paid much less and was about 300 miles away.  Green chose to retire.  He subsequently filed a lawsuit and his employer moved for summary judgment on the grounds that the constructive discharge claim was untimely filed. 

Looking Back:  The Tenth Circuit Court of Appeals affirmed the lower court's ruling and held that the time limit to file a constructive discharge claim did not begin to run when Green resigned.  Instead, the time limit to file a constructive discharge claim begins to run at the time of the employer's last alleged discriminatory act that gave rise to the resignation.

The Main Issue:  Whether the filing period for a constructive discharge claim begins to run when an employee resigns or at the time of the employer's last alleged discriminatory act that gave rise to the resignation.  Note that five circuits have held the former; three the latter. 

Current Status:  On April 27, the Supreme Court granted the petition and agreed to hear the case.  This one should be decided upon during the Court's 2015 - 2016 term.


A copy of the Tenth Circuit opinion can be found here:  https://scholar.google.com/scholar_case?case=5588293775428752365

Comments

Post a Comment

Popular posts from this blog

NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum,...
Post a Comment
Read more

Distance in a Non-Compete Agreement Measured "As the Crow Flies"

Ginn v. Stonecreek Dental Care - Court of Appeals, Twelfth Appellate District of Ohio Facts :  Dr. R. Douglas Martin ("Martin") sold his dental practice to an employee who worked there, Dr. David Ginn ("Ginn").  In doing so, Martin and Ginn signed a contract for the sale which contained a non-compete provision that prohibited Martin from engaging in business "within 30 miles" of the practice for five years starting from October 2010.  While Martin initially stayed on and worked with Ginn for a period, the relationship subsequently deteriorated between the two and Martin went to work for another dental office.  The new dental office was less than 30 miles away when measuring the distance in a straight line.  However, when driving between the offices, the distance was more than 30 miles. Ginn filed a claim against Martin on the grounds that Martin breached the non-compete.   At the trial court level, the court found that "within 30 miles"...
Post a Comment
Read more

Breaking: Labor Secretary Rumored to Be Leaving Administration

A few hours ago, word leaked out that Labor Secretary Marty Walsh (“Walsh”) is in the midst of negotiations to head up the NHL Players Union and leave his position at the Labor Department. Walsh, who has served as the sole Labor Secretary under President Biden, has taken part in a labor renaissance of sorts as support for organized labor has increased during his term as Labor Secretary (although the number of workers that have joined a union over the past two years has not grown as mush as some expected.)  He has also overseen the ongoing negotiations with rail workers over a new contract, although that matter is still on shaky ground and playing out as we speak. As for who might step into the vacant Labor Secretary role, there are already rumblings that President Biden should nominate Deputy Labor Secretary Julie Su (a strong labor advocate) or even a progressive like Senator Bernie Sanders.  Until Walsh officially gives his notice, however, I would expect some/many potential...
Post a Comment
Read more