Pilot’s attempt to avoid liability for training expenses was grounded

The Arizona Employment Protection Act (AEPA) sets two standards under which a constructive discharge claim (i.e., a claim by an employee who resigned due to working conditions) may be established. The first requires an employee to provide the employer with 15 days’ written notice of the objectively difficult or unpleasant working conditions that is making the employee feel compelled to resign. Employers must post a notice advising employees of their rights to be protected by the safe harbor provided by the AEPA.

The second standard requires an employee to establish outrageous conduct by the employer, including threats of violence or a continuous pattern of discriminatory harassment, thereby avoiding the notice requirement. Can an employee circumvent this notice requirement by filing a common law (rather than AEPA) claim against his employer regarding his alleged forced resignation?