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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

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