fact-finder could conclude that Mr. Patel condoning and even allowing the plaintiff to assume such heightened authority modi fíed the plaintiffs employment contract to include such responsibility. Ferraro v. Bd. of Trustees of Labette Cnty. Med. Ctr., 106 F.Supp.2d 1195, 1200 (D.Kan.2000) affd, 28 Fed.Appx. 899 (10th Cir.2001) (determining that whether the parties had an implied contract could be ascertained from several factors, including the parties’ conduct from the commencement of the employment relationship, the nature of the employment, and the circumstances surrounding that relationship, and concluding that they had such contract). Moreover, a reasonable factfinder could conclude that the removal of these duties resulted in a constructive discharge. Brock, 397 A.2d at 152 (<HOLDING>). Stated otherwise, because the plaintiffs
holding there was enough evidence to find the defendant abandoned his child when he claimed to have knowledge of cpss involvement he admitted that for periods of two years and six months he did not attempt any contact with his child and from the date he canceled a home study until the petition was filed he did not attempt to contact the child or cps or provide support even when he was out of jail holding that the district court did not err in continuing the trial without defendant when the trial had commenced in defendants presence he vigorously expressed his desire to be absent he was given ample opportunity to change his mind despite the disturbance he had created he had competent counsel and he knew of his right to be present holding that defendant was not resident of his mothers household even though his drivers license listed his mothers address and he received mail there because he expressed a belief that his residence was in a different location than his mothers home he rented and occupied his own residence and he testified that he was only living with his mother after expiration of his lease until he could find another place to live holding that when an employee was removed from his managerial responsibilities overseeing news operations and was reassigned at the same salary to a regular news shift that he suffered a constructive discharge because he was stripped of his prior managerial functions and left with no more responsibility than the newscasters that he had previously supervised holding that plaintiff could not show that he was disabled because he conceded that he could do his job despite his impairment