The defendant employer brought a motion for summary judgment to dismiss a wrongful dismissal action, arguing the plaintiff employee had resigned, abandoned his employment, or that the contract was frustrated due to his illness.
The plaintiff had taken a medical leave for depression and anxiety, and his short-term disability benefits were terminated by the plan administrator.
When the plaintiff refused to return to work on medical advice but also did not appeal the benefits denial, the employer deemed him to have resigned pursuant to its policy.
The court dismissed the employer's motion and instead granted summary judgment for the plaintiff, finding no clear and unequivocal resignation, no abandonment, and no frustration of contract, concluding the plaintiff was wrongfully dismissed.
