THE MAGAZINE

Wrongful termination

The Delaware Supreme Court has ruled that a McDonald’s employee, Susan Rizzitiello, cannot sue the company for wrongful termination. Rizzitiello was suspended pending an investigation of inventory issues. However, Rizzitiello resigned her employment and filed a lawsuit. The court ruled that Rizzitiello could not claim wrongful termination if she was not terminated. Also, the court determined that a suspension to conduct a workplace investigation could not be considered grounds for a constructive discharge—a situation in which working conditions are so poor that the employee has no choice but to resign. (Susan Rizzitiello v. McDonald’s Corporation, Supreme Court of the State of Delaware, No. 93-2004, 2005)

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