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VAGUE, CONCLUSORY ALLEGATIONS WILL NOT SUPPORT A CONSTRUCTIVE DISCHARGE CAUSE OF ACTION (SECOND DEPT). ​

The Second Department, reversing Supreme Court, determined the plaintiff did not state a cause of action for constructive discharge from his employment as a civil engineer for the City of New York:

The plaintiff was employed by the New York City Department of Transportation (hereinafter DOT) as an assistant civil engineer from 1997 until 2014, when he resigned. He commenced this action in 2017 alleging, inter alia, that he had been constructively discharged because he had reported other employees’ misconduct … . * * *

“An employee is constructively discharged when her or his employer, rather than discharging the plaintiff directly, deliberately created working conditions so intolerable that a reasonable person in the plaintiff’s position would have felt compelled to resign” … .  Here, affording the complaint a liberal construction, accepting the facts as alleged to be true, and according the plaintiff the benefit of every possible favorable inference … , the complaint fails to state a cause of action alleging constructive discharge, as the allegations are either vague and conclusory … , or pertain to events that occurred after the plaintiff resigned. Dhar v City of New York, 2022 NY Slip Op 02779, Second Dept 4-27-22

Practice Point: Vague and conclusory allegations will not support a cause of action for constructive discharge, i.e., working conditions which are intolerable, “forcing” plaintiff to resign.

 

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