Constructive discharge claims can be some of the trickiest types of claims to pursue. They are typically fraught with issues about if and when the resignation/termination occurred. Along those same lines, it has not always been clear when the harassment or discriminatory events leading up to the discharge can trigger the commencement of the statute of limitations. There has been many a sleepless night for the employment lawyer trying to figure out if the clock started ticking with notice of resignation or when the person actually stopped working.
Until recently, there was even a split among circuit courts about when the limitations period begins to run for a constructive discharge claim. Fortunately, we no longer need to guess, as the U.S. Supreme Court provided clear-cut guidance in Green v. Brennan, 578 U.S. ____ (2016) (May 23, 2016). The holding from the majority of the justices states that a constructive discharge claim accrues (and the limitations period begins to run) when the employee gives notice of her resignation, and not when she signs a contract to either resign or accept a transfer, or on the effective date of her resignation.
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