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Click here for the full text of this decision FACTS:Plaintiff-appellant Marilyn Haley appeals the district court’s grant of final judgment in favor of defendants-appellees, Alliance Compressor LLC and Copeland Corp., based on its finding that Haley did not present a genuine issue of material fact supporting her constructive discharge, the basis for her Family and Medical Leave Act claims. HOLDING:Affirmed. Whether an employee would feel forced to resign is case and fact-specific, but this court considers the following factors relevant, singly or in combination: 1. demotion; 2. reduction in salary; 3. reduction in job responsibilities; 4. reassignment to menial or degrading work; 5. reassignment to work under a younger [or less experienced/qualified] supervisor; 6. badgering, harassment, or humiliation by the employer calculated to encourage the employee’s resignation; or 7. offers of early retirement (or continued employment on terms less favorable than the employee’s former status). Brown v. Kinney Shoe Corp., 237 F.3d 556 (5th Cir. 2001) Haley’s situation is analogous to those cases where this court has affirmed summary judgment for the employer on constructive discharge. Haley contends she faced humiliation and ostracization from her peers, in addition to an overly severe performance plan and micromanagement by her superiors. She also produced evidence, which the district court incorrectly excluded, tending to show her superiors’ intent to remove her from her job while she was on leave. However, upon her actual return from FMLA leave, Haley 1. was not demoted; 2. received a three percent merit salary increase approved while she was on leave; 3. had similar, more focused job responsibilities; 4. was not assigned menial or degrading work; 5. was reassigned to work with two managers because the manager she had worked with had resigned; and 6. was favorably accommodated when Alliance changed her schedule to 40-hour work weeks. Therefore, the only factor Haley can rely on to meet the reasonable employee test is “badgering, harassment, or humiliation by the employer calculated to encourage the employee’s resignation.” While Haley may have been embarrassed by a manager’s sarcastic comment and her peers’ response during the late-noticed meeting, similar to the resigning employee singled out in McKethan v. Texas Farm Bureau, 996 F.2d 734 (5th Cir. 1993), this treatment does not constitute the type of badgering or harassment designed to encourage the employee’s resignation that is required for constructive discharge. Also, having one’s work micromanaged may be unpleasant but does not constitute a “greater degree of harassment than that required by a hostile environment claim.” Plus, a reasonable employee who genuinely felt these working conditions were upsetting to the point of intolerable would have attempted resolution of these concerns before choosing to quit after just over two weeks back on the job. Moreover, there is no evidence that anyone at Alliance ever inquired of Haley when she was going to quit. Although the district court erred in excluding evidence of Alliance’s intent, the court ultimately correctly concluded the lack of a genuine issue of material fact on constructive discharge. OPINION:DeMoss Jr., J.; DeMoss, Stewart and Clement, JJ.

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