Opinion

Brock v. Mutual Reports, Inc.

  • 397 A.2d 149
  • 1979 D.C. App. LEXIS 289
Court
District of Columbia Court of Appeals
Filed
Jan 10, 1979
Status
Published
Author
Yeagley
On the bench
Ferren, Kern, Yeagley, Fer-Ren
Cited by
16 cases

holding that when an employee was removed from his managerial responsibilities overseeing news operations, and was reassigned, at the same salary, to a regular news shift, that he suffered a constructive discharge because he was stripped of his prior managerial functions and left with “no more responsibility” than the newscasters that he had previously supervised

How later courts described this case

  • holding that when an employee was removed from his managerial responsibilities overseeing news operations, and was reassigned, at the same salary, to a regular news shift, that he suffered a constructive discharge because he was stripped of his prior managerial functions and left with “no more responsibility” than the newscasters that he had previously supervised
  • stating that material change in duties or significant reduction in rank will constitute constructive discharge if unjustified, but finding employer’s action justified because employee incapable of serving in a managerial position
  • finding that a corporate vice president was constructively discharged when offered a position that materially reduced his rank
  • affirming trial court's finding that employee breached employment contract thereby justifying reassignment

Written by the judges who cited it.

The opinion

YEAGLEY, Associate Judge,

concurring:

I concur in the result and in the opinion except for Section II. In my view, our holding that Brock breached the contract is dispositive of this case. Once the contract was breached, Mutual could rightfully treat it as a nullity and discharge appellant. By the same token, it could choose the less drastic route of reassignment. I do not believe we need to reach the issue of whether the reassignment under the circumstances of this case amounted to a constructive discharge.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.