B.D. PARKER, JR., Circuit Judge.
We conclude that this case turns on an undecided question of New York law: Is the factual determination of whether an employee was voluntarily or involuntarily terminated under the New York common law employee choice doctrine governed by the "constructive discharge" test from federal employment discrimination law, and, if not, what test should courts apply? We therefore certify this question to the New York Court of Appeals.
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