HR Management & Compliance

News Notes: Disability Retirement Can Be A Constructive Discharge

A California appeals court has given the green light to a California State University employee’s constructive discharge suit—even though she technically didn’t quit her job but rather took a disability retirement. The employee claimed that after she blew the whistle on alleged misappropriation of public funds, she was subjected to a pattern of harassment that forced her into a medical retirement. The court found she was constructively discharged because her working conditions were so intolerable that a preexisting medical condition worsened to the point where she could no longer perform her job.

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