Saroli’s Empirical Analysis

Citation profile

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'To demonstrate a constructive discharge, Plaintiff must adduce evidence to show that 1) the employer...deliberately create[d] intolerable working conditions, as perceived by a reasonable person, and 2) the employer did so with the intention of forcing the employee to quit.' " Saroli v. Automation & Modular Components, Inc ., 405 F.3d 446 , 451 (6th Cir. 2005) (quoting Logan v. Denny's, Inc. , 259 F.3d 558 , 568-69 (6th Cir. 2001) ). The Court considers the following factors in determining whether a reasonable person would have felt compelled to resign: "(1) demotion; (2) reduction in salary; (3) reduction in job responsibilities; (4) reassignment to menial or degrading work; (5) reassignment to work under a [white or male] supervisor; (6) badgering, harassment, or humiliation by the employer calculated to encourage the employee's resignation; or (7) offers of early retirement or continued employment on terms less favorable than the employee's former status.”

   5 later decisions quote this exact passage · from the majority
   e.g. Plautz v. Potter · Azuh v. Providence-Providence Park Hosp.

2. “'To demonstrate a constructive discharge, Plaintiff must adduce evidence to show that 1) the employer...deliberately create[d] intolerable working conditions, as perceived by a reasonable person, and 2) the employer did so with the intention of forcing the employee to quit.'”

   2 later decisions quote this exact passage · from the majority
   e.g. Starr v. Ebenezer Road Corp. · Azuh v. Providence-Providence Park Hosp.

3. “Of primary importance is the fact that Shore’s words and actions made clear to Saroli that she ought to consider resigning because if she chose to remain at the company she would “probably” be demoted. It is reasonable to infer that such a demotion would likely have resulted in a reduction in job responsibilities for Saroli and perhaps a reduction in salary. The mere fact that a demotion would have “probably” occurred if Saroli had not resigned is by itself insufficient to raise a genuine issue as to whether a constructive discharge occurred in this case. There is other circumstantial evidence, however, that indicates that a reasonable person in Saroli’s position would have felt that Shore created an intolerable working environment with the intent of forcing Saroli to resign. When this evidence is considered in its totality, along with ... Saroli’s probable demotion, we believe that Saroli has presented sufficient evidence to defeat the defendants’ motion for summary judgment. From the outset, Shore made the process of obtaining maternity leave exceedingly difficult, which “led to a lot of stress” for Saroli. Shore refused numerous attempts by Saroli to ascertain the maternity leave which would be offered to her. Shore also made comments which indicated his displeasure with her attempt to exercise her right to maternity leave and indicated that Shore felt maternity leave ought to be treated differently from other forms of medical leave such as illness. Shore’s statements duri”

   1 later decision quote this exact passage · from the majority
   e.g. 442 F. Supp. 2d 438 - Torok v. Gibralter Veterinary Hospital, Inc.