Constructive Discharge

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Civil

7^th Circuit Court of Appeals

Officials: RIPPLE and ROVNER, Circuit Judges, and KENNELLY, District Judge

Constructive Discharge

13-1552; 13-1553 Margaret Wright v. Illinois Department of Children and Family Services

Appellant assignment to desk duty while engaged in fitness-for-duty examination did not meet criteria for constructive discharge.

“This case law makes clear that the district court correctly concluded that Ms. Wright had failed to demonstrate that she was constructively discharged. There is no evidence that the Department had decided to terminate Ms. Wright. It certainly had not told Ms. Wright that she would be fired, nor did her supervisors’ conduct suggest such a result was a certainty. Cf. Kodish, 604 F.3d at 502; Univ. of Chicago Hosps., 276 F.3d at 332. Given the possibility of harm to the children with whom she inevitably would come in contact had she performed her regular duties, the Department quite reasonably assigned her to desk duty until the result of her fitness-for-duty examination could be evaluated. Moreover, while on desk duty, Ms. Wright had ample time to work on her grievance and, as far as the record discloses, to assist, if she chose, other case workers.47 Once she refused to submit to the examination, the Department initiated disciplinary proceedings against her. While those proceedings were pending, Ms. Wright chose to use her vacation time and remove herself from the office. Upon her return, she elected to submit her retirement paperwork.”

Affirmed.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.