Question
Carol was the administrative assistant to the vice-president of operations at a telecommunications company, where she had worked since 1996. In 2007, she was advised
Carol was the administrative assistant to the vice-president of operations at a telecommunications company, where she had worked since 1996. In 2007, she was advised that her employer had hired a former employee named Ben who had been Carol's immediate supervisor ten years before and who had been terminated on a "without cause" basis. Upon hearing the news Carol became visibly distraught and later told them she had been sexually harassed by Ben, and he had been terminated following an investigation into his alleged harassment of Carol and others. The employer promised to investigate further, but it proceeded with hiring Ben. The employer offered to accommodate her by either leaving her in her current position, which required only indirect contact with Ben, or transferring her to her previous position, which required minimal contact with Ben. Carol rejected both offers and shortly thereafter went on stress leave; she was subsequently diagnosed with PTSD and major depression. Carol successfully applied for LTD benefits and brought an action for constructive dismissal and intentional infliction of mental suffering.Would Carol's action for constructive dismissal likely be successful? Would her action for intentional infliction of mental suffering likely be successful? Support your answer.
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