Train employees that by how National Labor Relations Board was faced with employers coercing resignations from employees to avoid liability under the National Labor Relations Act it created the constructive-discharge doctrine. In the at-will employment context, an employee is ordinarily held to his or her decision to resign. But what if the employer, seeking to skirt liability for discharging the employee for an unlawful reason, prods and goads the employee along the path to resignation? State and federal courts have recognized that employers used similar arguments when faced with liability under Title VII of the Civil Rights Act, other employment statutes, and various state torts for wrongful discharge. Learn how these courts adopted the constructive-discharge doctrine as an element of proof in place of actual discharge.
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