Tiner

Tiner v. Greenberg, Traurig, P.A.

Good Law
50 F. App'x 859
United States Court of Appeals for the Ninth CircuitNovember 13, 2002Nos. 01-56870, 01-56871; D.C. No. CV-01-3969-RCalifornia388 words

Opinion

Lead Opinion

MEMORANDUM *

Sheila Tiner appeals from the district court’s order granting summary judgment in favor of appellees. We affirm. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

The district court was correct to grant summary judgment because Tiner did not *860 present sufficient evidence to allow a reasonable jury to conclude that she had been constructively terminated. Constructive discharge occurs when an employer knowingly permits working conditions that are so intolerable at the time of the employee’s resignation that a reasonable employer would realize that a reasonable person in the employee’s position would be compelled to resign. Turner v. Anheuser-Busch, Inc., 1 Cal.4th 1238, 32 Cal.Rptr.2d 223 , 876 P.2d 1022, 1029 (Cal.1994). None of the conditions alleged by Tiner, either separately or in the aggregate, were so intolerable that a reasonable employee would have felt compelled to resign.

Even if Tiner had presented sufficient evidence of constructive termination, summary judgment would still have been proper because she failed to establish that her termination would have been against public policy. In…

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