Split U.S. High Court: Constructive Discharge Clock Starts After Resignation

Mealey's (May 23, 2016, 1:08 PM EDT) -- WASHINGTON, D.C. — The 45-day statute of limitations for a constructive discharge claim doesn’t begin until after an employee resigns, a divided U.S. Supreme Court ruled May 23 (Marvin Green v. Megan J. Brennan, Postmaster General, United States Postal Service, No. 14-613, U.S. Sup.; 2016 U.S. LEXIS 3484).

(Opinion available. Document #73-160610-004Z.)

“Ordinarily, a ‘limitations period commences when the plaintiff has a complete and present cause of action,’” Justice Sonia Sotomayor wrote for the majority, quoting from Graham County Soil & Water Conservation Dist. v. United...
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