Rakoff Take On Constructive Discharge Law Hits 2nd Circ.

Law360 (May 22, 2020, 5:04 PM EDT) -- Manhattan U.S. District Judge Jed S. Rakoff erred in dismissing an ex-New York City worker's claim that she was forced to quit by a boss whose harassment made her job a "living hell," a Second Circuit panel heard Friday in a constructive discharge appeal that could impact future damages awards.

Counsel for former city small business department manager Michelle Tulino asked Circuit Judges Richard C. Wesley, Debra Ann Livingston and Steven J. Menashi to articulate the difference between a viable constructive discharge claim under federal law — a very tough standard — and one like Tulino's, brought under the city's plaintiff-friendly...

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