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"Constructive Discharge" - and Unemployment

Posted: Jul 19, 2011

Did a google on being unpleasant working conditions and being forced to quit. It's called "Constructive Discharge." Didn't have time to read thoroughly, but here's part of what I read:

“Constructive Discharge” is a legal term meaning that you actually quit your job, but if you meet certain standards then the legal system might treat your resignation as if you were actually fired without good cause. Being fired without good cause is an Adverse Employment Action required by many laws before you have a case, but a truly voluntary quit is not.

Persons who voluntarily quit might not have strong legal rights, but persons who are “constructively discharged” might have strong legal rights in some circumstances. But be very very careful before you say “I quit” - get legal advice first.

Less than 30 days' notice - in decreasing our salaries

[ In Reply To ..]
I read through that, and into employees' rights, and noticed MQ has violated our rights by only giving us 14 days' notice in decreasing our salaries. By law they should give us 30 days' notice. Their punishment? $50 per employee. They were probably more than happy to pay that since they're gaining three times as much in reducing our salaries.

constructive discharge definition applies sm - bbb

[ In Reply To ..]
CONSTRUCTIVE DISCHARGE
(exception to employee-at-will doctrine)

In other words, under the constructive discharge doctrine, when an employer allows intolerable conditions to persist that create a severely hostile work
environment to such a degree that a REASONABLE EMPLOYEE WOULD UNDERSTANDABLY RESIGN, it may be viewed by the quitting employee as a
termination. The following is a summation of the general proof required to establish a case for constructive discharge:
* The change must have been recent and so intolerable that it would have compelled any reasonable employee to quit soon after it occurred.
* The employer must have deliberately implemented or permitted the change, without having justifiable business reasons and despite that it was apparent it would compel any reasonable employee to resign. Even if the employer's intention was not specifically to force an employee to resign, an employee's
resignation still might constitute constructive discharge under the circumstances.
* An employee's resignation must have occurred close enough in time after the intolerable change that it established a clear "cause and effect" relationship,
directly resulting in a constructive discharge.
Punitive transfer to a dangerous job, DEMOTION TO A HUMILIATING POSITION, hostility, harassment and coercion are each an example of an intolerable,
working-condition change that might establish a case for constructive discharge, particularly if the employer made or allowed the change as a form of
discrimination or retaliation.

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