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NY High Court Must Clarify Employee Choice Doctrine
A federal appeals court has put a $2.9 million employment lawsuit by a former investment banker on hold until the New York Court of Appeals can answer an undecided question of state law.
A unanimous panel of the Second U.S. Circuit Court of Appeals said it was unclear how judges should determine whether an employee quit or was 'involuntarily terminated' under the New York common law employee choice doctrine. While a trial judge in this suit had relied on the 'constructive discharge' test from federal employment discrimination law, some other test could apply, the appeals court said.
'Unfortunately, neither the New York Court of Appeals, nor any other New York state court, has provided guidance on what legal test courts should apply when an employee claims that he was 'involuntarily terminated' and that the employee choice doctrine should not apply,' Judge Barrington D. Parker wrote for the panel in Morris v. Schroder Capital Management International, 05-cv-0823.
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