39-2-903, MCA
MONTANA SUPREME COURT DECISIONS |
|
WORKERS'
COMPENSATION COURT DECISIONS |
Pugh v. Charter Oak Fire Ins. Co. [01/12/10] 2010 MTWCC 1 The Montana Supreme Court has held that the occurrence of a constructive discharge is “usually a question of fact determined by the totality of the circumstances.” Although Petitioner disagreed with a letter the company president wrote criticizing her job performance and imposing specific changes, the Court did not believe either the letter or the conditions imposed upon Petitioner in the letter motivated her resignation. Therefore, the Court concluded that Petitioner was not constructively discharged and cannot avail herself of § 39-71-701(4), MCA. |