Supreme Court Clarifies Time for Filing Constructive Discharge Claim

On May 23, 2016, the U.S. Supreme Court issued its decision in Green v. Brennan, holding that the statute of limitations period for a former employee’s constructive discharge claim begins to run on the date when the employee tenders their resignation.  Prior to this decision, there was a federal circuit court split regarding the date when the statute of limitations begins to run, as the Seventh, Tenth, and District of Columbia Circuits held that the clock begins to run on the date of the employer’s last discriminatory act, while the Second, Fourth, Eighth, and Ninth Circuits held that the period does not begin until the employee resigns.  The Green decision provides a nationwide, bright line rule for constructive discharge claims – which eliminates uncertainty in determining when the limitations period begins and may result in reduced litigation costs.

About Amanda Marie Baer

Amanda Marie Baer is an associate in the firm's Labor, Employment and Employee Benefits Group and Litigation Group.  Amanda focuses her practice on representing employers in federal and state courts and before the Massachusetts Commission Against Discrimination, defending against claims concerning discrimination, harassment, retaliation, wrongful termination, accommodations, and wage and hour laws.  Amanda also has experience in conducting workplace investigations into allegations of discrimination or harassment, enforcing and defending employment, noncompetition/nonsolicitation, and severance agreements and representing businesses in contractual, fraud, and general business litigation matters.
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