In Featherstone v. Southern California Permanente Medical Group, a California appellate court dismissed claims by a disabled employee asserting wrongful termination and disability discrimination when her employer refused to rescind her resignation. The employee alleged that she had quit her job due to an altered mental state brought on by an adverse reaction to medication. In rejecting her claims, the court noted that "absent evidence of constructive discharge or contractual obligation, refusal to allow rescission is not an adverse employment action." The ruling follows similar federal court decisions under the Americans with Disabilities Act, but is the first to directly address rescission of resignation under FEHA. Such rulings can be highly fact specific; employers who find themselves in a similar situation should check with counsel before taking action.
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