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December 01, 2004
Did He Depart Voluntarily, or Was He Pushed?

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An HR director took a new job in Virginia. Within about a year, he knew it wasn't going to work out. He blamed top management; top management blamed a reorganization. He looked for another job; top management offered him a consulting contract ? and the two parted company. But he took the company to court, claiming he was forced out­that is, constructively discharged.

What happened. John Honor was hired as director of HR for Booz Allen Hamilton's Worldwide Technology Business, a large­but not the only­division of the well-known consulting firm. Honor later claimed he was given the responsibility, but not the authority, to hire more African American managers for the firm, especially at senior levels. Booz Allen also had a director of recruiting and a director of diversity, neither in the same department as Honor. He charged that one opposed his efforts because she was biased against African Americans and that the other was no help. He complained often about the situation and was soon told that he was in danger of losing his job. He assumed that was because of his complaints. But Booz Allen later testified the reason was its intent to reorganize the company, consolidating a number of HR positions. There appeared to be no post-reorganization room for Honor. And, that's what happened.

Over the course of many months, Honor was warned he was soon to be out, others were placed in HR jobs he might have wanted, he was offered a short-term slot as a contractor/consultant­and he ultimately sought a job with another company. The consulting offer was made in December 2001, and he resigned effective January 31, 2002, for a job with US Airways. But in December 2002, he sued Booz Allen for forcing him out. A federal district court dismissed his claims, and he appealed to the 4th Circuit, which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia.

What the court said. Two kinds of communication felled Honor's case: One was his announcement to a group of field training coordinators, in early fall 2001, that he was leaving Booz Allen. The other was a series of e-mails to prospective employers, negotiating with them for a new position. Both preceded Booz Allen's consulting offer and Honor's letter of resignation. Appellate judges couldn't see his working conditions as intolerable or his resignation as forced. Honor v. Booz Allen, U.S. Court of Appeals for the 4th Circuit, No. 03-2076 (9/2/04).

Point to remember: Statements made at meetings can be denied, but e-mails live just about forever, and the opposing party is bound to find them!


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