when plaintiff resigned and why and the lower court erred when it resolved each of those disputed facts in defendant's fair first this court needs to determine when plaintiff resigned because that's a terminations affect document we must look to the record the claim to defendant in this case didn't do that in its briefing and it doesn't do that because the record is inconsistent with it being accepted that the resignation being accepted that or no i'm not i'm saying don't rely upon them being accurate you have to look to the record  fight defendant having cited to the findings and recommendations to support its arguments in the briefing if we look to the records the excerpts of the record page thirty six and page forty two that mean that october eighth meeting affect your ability to proceed with the r l d program that's the management training program that my client had wanted to get into when she really i'm free and was really in florida at safeway and he she s evidence in the record that they knew it is supported by the  discussion the morning she tries to resign you look at page e r forty two i don't i believe there is evidence for that but i don't think we have to say that the the new the only reason she took it was to be in management if we go to the testimony again page forty two she says that he was very extremely in favor of continuing me into the management program making comments that were positive in nature and strongly urging me to continue and then it continues and what did you say in response in her testimony as i told him i appreciated that and i would still have to consider the management position at that time so what we have is when she leaves the meeting with the lagos she has presented a letter of resignation he has said i want you to continue working here this evaluation that you're so concerned about won't affect your ability to participate in management and she says  she's she's the luck of the languages he's in favor of her continuing in to the management program and she we consider it's awkward language because she changes program to position but the program leads to a position of testimony from the girl a goes to his boss is that after the six month training program you become a first or second assistant manager so it's a boss and said there's illegal activity going to the o l c c that evening six thirty when she's that whole she calls and says as for the management position that's gone that's not going to work because you've talked to my boss and you told them with she presented a resignation due to for poor evaluation that becomes a pending resignation when not in and of itself it contributes to it but when when that resignation is put on hold is pending you can continue in the management position then there's another reservation another revelation the revelation is oh wait a minute you watch my boss you go into the oval so you see about this very same issue illegal sale of alcohol now it's not available to you ye today or tomorrow i don't think changes the fact that he knows that that is the only reason she's continuing that she has resigned her employment and the only reason she's considering not resigning is the only reason i'm here is for the management position i have resigned back in the spring i have reapplied soley for the management position i have resigned when you've given me an evaluation  criticizes me for posing l legal conduct and you have assured me that this evaluation will affect my ability to continue in this program i say ok as to that option i will consider that and you action when you find out i went to your boss and the oh well c c about the same think they know that the only reason she hasn't resigned effectively is to continue whether she had already started it whether the decision had been made that  it also carries over into the discussion of the court just have relating to the knowledge of the defendant of the of the fact that the point of claims to have had this job stoli for the purpose as an employee of safely those are not the kind of objectively unreasonable circumstances an intolerable circumstances that would justify a wrongful constructive discharge in this context moreover you have the