KNEE v. SCHOOL DIST. NO. 139, IN CANYON CTY.

No. 14212.

676 P.2d 727 (1984)

106 Idaho 152

Ernie P. KNEE, Plaintiff-Appellant, v. SCHOOL DISTRICT NO. 139, IN CANYON COUNTY, State of Idaho, Defendant-Respondent.

Court of Appeals of Idaho.

Petition for Review Denied March 28, 1984.


Attorney(s) appearing for the Case

Wayne P. Fuller of Fuller & Harris, Caldwell, for plaintiff-appellant.

Dean E. Miller of Gigray, Miller, Downen & Weston, Caldwell, for defendant-respondent.


SWANSTROM, Judge.

In this case we must decide whether an employee, who is asked to resign by his employer and in response submits his resignation, may maintain an action for wrongful discharge. Ernie Knee argues that he did not resign voluntarily but was "constructively discharged." The district court determined that the resignation was voluntary and granted a motion under I.R.C.P. 41(b) to dismiss the complaint at the close of the Knee's case. We affirm.

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