Recent case sheds light on resignations, harassment investigations

Employers sometimes breathe a sigh of relief when an employee resigns, particularly if the individual had performance problems, made discrimination complaints, or engaged in other types of protected activity. But what counts as a resignation in the state? Under what circumstances might a resignation not actually be a resignation at all? Additionally, what constitutes an adequate investigation when an employee does make a protected complaint of discrimination, harassment, or some other violation of the law? A recent decision by the U.S. 1st Circuit Court of Appeals (the federal appeals court with jurisdiction in Massachusetts, Maine, New Hampshire, and Rhode Island) provides some important new guidance on the questions but also leaves some matters unanswered.

Facts

Emily Forsythe worked as a senior manager for Wayfair. Around the end of her employment, she complained about sexual harassment by a male coworker. Specifically, she sent an e-mail to her supervisor alleging, among other things, that the coworker touched her inappropriately by placing his hand on her leg and asked her about dating applications and her dinner plans.

The supervisor initiated an investigation into Forsythe’s complaints through Wayfair’s HR division, which promptly interviewed all witnesses identified by the alleged victim. When the investigation concluded, the employer found the complaints to be unsubstantiated. Then, Forsythe sent an e-mail to the company’s investigator stating her direct supervisor was engaging in gender discrimination and retaliation because of her sexual harassment complaints.