Reference no: EM131706053

Question: Rotert, age fifty-nine, worked as a mortgage processing officer. Her manager told her that her duties were being changed to those of a loan consultant and that she would be transferred to another, more distant branch office. The manager told Rotert that her salary would be the same. Rotert protested the new work assignment and resigned. She filed a claim for unemployment benefits, which was denied because she was not "constructively discharged" due to the new assignment. Rather, the state agency held, she had voluntarily quit. When Rotert filed an ADEA complaint, again stating that she was constructively discharged in favor of a younger employee who took her former job as mortgage processing officer, the company argued for dismissal because the issue of "constructive discharge" had already been decided against her by the state agency. How should the court rule? Why?