In the case of Caldwell v. Niles City Schools, 2021-Ohio-1543, the Eleventh District Court of Appeals held that a genuine issue of material fact was present when constructive discharge may have played a role in the “voluntary” resignation of an employee.
The plaintiff argued that defendant constructively discharged her by failing to accommodate her disability.
The Court held that while an employee traditionally cannot claim constructive discharge when they resign, here, the defendant’s failure to engage in the interactive process to reasonably accommodate the plaintiff created a genuine issue of material fact. Ultimately, the Court concluded the trial court erred in granting summary judgement.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.