An individual seeking to establish a constructive discharge claim bears the burden of proof and needs to demonstrate that the underlying working conditions were “so onerous, abusive, or unpleasant” that a reasonable person in the individual’s position would have felt compelled to resign or to quit. The individual must show that the only reasonable choice was resignation given the alleged harsh or intolerable working conditions.
When pleading or defending against this type of claim, counsel for the plaintiff and for the defendant must be able to understand the essential elements of the claim, and what evidence suffices to plead and defend against the claim. Often, alleged discriminatory or retaliatory treatment lies at the center of constructive discharge claims and is the basis for the alleged harsh or intolerable working conditions, which in turn means that being able to plead and defend against such claims becomes equally important for counsel on both sides.
Join us for a comprehensive discussion of how to plead, defend against, and attack constructive discharge claims.
When pleading or defending against this type of claim, counsel for the plaintiff and for the defendant must be able to understand the essential elements of the claim, and what evidence suffices to plead and defend against the claim. Often, alleged discriminatory or retaliatory treatment lies at the center of constructive discharge claims and is the basis for the alleged harsh or intolerable working conditions, which in turn means that being able to plead and defend against such claims becomes equally important for counsel on both sides.
Join us for a comprehensive discussion of how to plead, defend against, and attack constructive discharge claims.
Course Content
12:00 - 12:05 pmWelcome and Introduction
Michelle M. De Oliveira, Esq.,
Kenney & Sams, PC, Southborough
Matthew J. Fogelman, Esq.,
Fogelman Law LLC, Newton
Steven Gregory Vanden-Eykel, Esq.,
Kenney & Sams, PC, Boston
12:05 - 12:15 pm
Whether to Plead a Constructive Discharge Claim
Matthew J. Fogelman, Esq.,
Fogelman Law LLC, Newton
12:15 - 12:40 pm
How to Plead a Constructive Discharge Claim
Michelle M. De Oliveira, Esq.,
Kenney & Sams, PC, Southborough
12:40 - 12:50 pm
Constructive Discharge: Statute of Limitations
Matthew J. Fogelman, Esq.,
Fogelman Law LLC, Newton
12:50 - 1:05 pm
Constructive Discharge: Damages
Matthew J. Fogelman, Esq.,
Fogelman Law LLC, Newton
Steven Gregory Vanden-Eykel, Esq.,
Kenney & Sams, PC, Boston
1:05 - 1:15 pm
Constructive Discharge: Defenses
Steven Gregory Vanden-Eykel, Esq.,
Kenney & Sams, PC, Boston
1:15 - 1:25 pm
How to Best Draft Persuasive Position Statements to Attack a Constructive Discharge Claim
Steven Gregory Vanden-Eykel, Esq.,
Kenney & Sams, PC, Boston
1:25 - 1:35 pm
Constructive Discharge: Developing Supporting Evidence in Discovery
Matthew J. Fogelman, Esq.,
Fogelman Law LLC, Newton
1:35 - 1:45 pm
Constructive Discharge: Workplace Investigations
Michelle M. De Oliveira, Esq.,
Kenney & Sams, PC, Southborough
Please Note
This webcast is delivered completely online, underscoring their convenience and appeal.
There are no published print materials. All written materials are available electronically only.
They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.
Speaker
ChairMichelle M. De Oliveira, Esq.,
Kenney & Sams, PC, Southborough
Faculty
Matthew J. Fogelman, Esq.,
Fogelman Law LLC, Newton
Steven Gregory Vanden-Eykel, Esq.,
Kenney & Sams, PC, Boston
