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If we are forced to quit for NJA, do we have a case for "constructive discharge"? - another anon

Posted: Aug 06, 2010

This is a followup to the issue of "constructive discharge" that was brought up in a thread on this board back on August 3. The original poster stated, and I agree after googling and checking out several sites on the topic, that an employee can claim "constructive discharge" if forced to quit because (loosely quoted from more than one site) "...the employer has made working conditions intolerable. Issues can include...... reduction in ........workload for reasons that are not tied to job performance."

There was an excellent response from a poster nicknamed "Former HR Director" going into more detail on the topic. That initial response stated, if I understand it correctly, that the intolerable conditions must lead the employee to quit immediately in order to claim constructive discharge. IE, an MT can't put up with something for weeks or months before deciding it is intolerable, quitting, and trying to claim constructive discharge only then.

I am hoping that "HR Director" poster, or anyone with similar relevant experience, can speculate on whether quitting after, say, a week of NJA with adverse paycheck effects, would be grounds for a constructive discharge claim? If so, how would one file it, and would could the plaintiff hope to recover? Would it have to be a class action suit? Seems there's sort of a Catch-22 in there: The employee must quit immediately upon the onset of the intolerable conditions and then file, yet the monetary damage done by NJA (loss of pay and benefits) wouldn't amount to much until weeks or months of the same conditions.

It still seems there should be SOME legal recourse to the untenable situation of having employee status, yet having no work, no pay, and no UE-eligible layoff. Anyone have any constructive thoughts? (And PLEASE, not the old saw "they're-just-trying-to-get-us-to-quit." That's a given. What, if anything, can those employees adversely affected by continuous NJA do about it?)

I find it interesting that no one has answered - This must be a touchy subject - nm

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