Quits,recission of quits,and constructive discharge in arbitration

This article explores the arbitral criteria involved in cases when grievants quit or appear to quit their jobs, and then change their minds. It looks at factors that arbitrators take into account in determining when a voluntary resignation has taken place. The principles or guidelines for rescinding a quit are also reviewed. When a quit is forced by some action of the employer, arbitrators generally consider this situation to constitute a constructive discharge, and if such a finding is made, will review the discharge to determine whether it meets just cause standards.Donald J. Petersen is also an arbitrator listed on the panels of the American Arbitration Association, Federal Mediation and Conciliation Service, the Public Employee Panels of the State of Iowa, and the Wisconsin Employment Relations Commission. He is a member of the National Academy of Arbitrators.