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 2nd 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.
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