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No. 127175
| Virginia Joliet, |
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E. Philip Adamaszek |
Plaintiff-Appellee, |
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vs (Wayne - Simmons, L.) |
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| Gregory E. Pitoniak, Individually and as Mayor |
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Janet Callahan Barnes |
| of the City of Taylor, Frank Bacha, |
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Defendants-Appellants, |
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| and |
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| James Arango, |
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Defendant. |
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| ______________________________________ |
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Click to view briefs in Adobe format:
Plaintiff-Appellee's Response to Application for Leave>>
Defendants-Appellants' Application for Leave to Appeal>>
Defendants-Appellants' Statement of Supplemental Authority>>
Defendants-Appellants' Second Statement of Supplemental Authority>>
Defendants-Appellants' Supplemental Brief>>
Background
Virginia Joliet, then an employee of the city of Taylor, went on vacation on November 24, 1998. On November 30, she sent a letter in which she stated that she would take early retirement as of December 1. On November 30, 2001, she sued the city's mayor, Gregory Pitoniak, and the former director of the city's public works department, Frank Bacha. She claimed that Bacha, with Pitoniak's acquiescence, sexually harassed her. She also claimed she suffered age and sex discrimination when a younger man was hired to take over some of her duties. In addition, Joliet contended that the treatment she received operated as a constructive discharge, effectively forcing her into retirement. Bacha had resigned on October 8, 1998, before Joliet went on vacation. Pitoniak and Bacha moved to dismiss her case, arguing that Joliet 's last day of work was November 23, 1998. Therefore her suit was barred by the three-year statute of limitations for claims under Michigan 's Elliott-Larsen Civil Rights Act, the defendants contended. But the trial judge disagreed, finding that, although Joliet was on vacation as of November 24, 1998, she still had a pager and viewed the city's website. In an unpublished per curiam decision, the Court of Appeals permitted Joliet's constructive discharge claim to go forward, finding that the date of her resignation was the date her claims accrued. The defendants appeal.
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