Defending & Attacking Constructive Discharge
How to plead, defend against, and attack constructive discharge claims that underlying working conditions were “so onerous, abusive, or unpleasant” that a reasonable person in the individual’s position would have felt compelled to resign
- Product Number: 2240028P01
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CLE Credits, earn up to:
2 substantive credits, 0 ethics credits CLE Credit Note -
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Product Description
Product Description
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.
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Agenda
Agenda & Materials
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12:00 - 12:05 pm
Welcome and Introduction
on demand video Add to CartMichelle 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
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12:05 - 12:15 pm
Whether to Plead a Constructive Discharge Claim
on demand video Add to CartMatthew J. Fogelman, Esq., Fogelman Law LLC , Newton
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12:15 - 12:40 pm
How to Plead a Constructive Discharge Claim
on demand video Add to CartMichelle M. De Oliveira, Esq., Kenney & Sams, PC , Southborough
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12:40 - 12:50 pm
Constructive Discharge: Statute of Limitations
on demand video Add to CartMatthew J. Fogelman, Esq., Fogelman Law LLC , Newton
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12:50 - 1:05 pm
Constructive Discharge: Damages
on demand video Add to CartMatthew J. Fogelman, Esq., Fogelman Law LLC , Newton
Steven Gregory Vanden-Eykel, Esq., Kenney & Sams, PC , Boston
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1:05 - 1:15 pm
Constructive Discharge: Defenses
on demand video Add to CartSteven Gregory Vanden-Eykel, Esq., Kenney & Sams, PC , Boston
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1:15 - 1:25 pm
How to Best Draft Persuasive Position Statements to Attack a Constructive Discharge Claim
on demand video Add to CartSteven Gregory Vanden-Eykel, Esq., Kenney & Sams, PC , Boston
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1:25 - 1:35 pm
Constructive Discharge: Developing Supporting Evidence in Discovery
on demand video Add to CartMatthew J. Fogelman, Esq., Fogelman Law LLC , Newton
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1:35 - 1:45 pm
Constructive Discharge: Workplace Investigations
on demand video Add to CartMichelle M. De Oliveira, Esq., Kenney & Sams, PC , Southborough
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