United States Second Circuit

In involuntary termination action, this question is certified to the New York Court of Appeals: Is the factual determination of whether an employee was voluntarily or involuntarily terminated under the New York common law employee choice doctrine governed by the "constructive discharge" test from federal employment discrimination law, and, if not, what test should courts apply?

Appellate Information

• Decided 04/19/2006
• Published 04/19/2006

Judges

• PER CURIAM., Before McLAUGHLIN, CALABRESI, and B.D. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Frank H. Wright, Frank H. Wright & Associates, P.C., New York, NY, for Plaintiff-Appellant.


• For Appellees:
  
• Mark G. Hanchet (Christine N. Kearns, Julia E. Judish, Pillsbury Winthrop Shaw Pittman LLP, Washington, DC, on the brief), Pillsbury Winthrop Shaw Pittman LLP, New York, NY, for Defendants-Appellees.