Jottings By An Employer's Lawyer

Saturday, September 11, 2004

4th Cir - Constructive Discharge Requires Employer Intention

Although the Vice President of Human Resources ultimately ended up with a similar job at United Airways (although given what has happened one has to wonder at how good a prize that is), what he did not get was a favorable ruling on his claim for constructive discharge from his former employer Booz-Allen, the consulting firm. Although acknowledging that his tenure at Booz-Allen had not been a happy one, the court was not willing to find that Booz-Allen had intended to make circumstances so difficult that he would have to resign, the sine qua non, for constructive discharge in the 4th Circuit. Honor v. Booz-Allen & Hamilton, Inc. (4th Cir. 9/2/04) [pdf].

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