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Constructive Discharge Law

Many people believe they have a claim for constructive discharge. So, what is the legal constructive discharge definition? Constructive discharge is happens when an employee resigns because of their employers behavior has become to where it has made life difficult for the employee, and the employee has no choice but to quit. Since the resignation was not voluntary, it is in effect a termination. Read below where the Experts have answered questions to the top commonly asked questions for constructive discharge.

When an employee is terminated due to constructive discharge how quickly should the final paycheck and expenses be paid?

The paycheck must be issued on the next regular pay date, and no longer than thirty days after the last day worked. After being constructive discharged, there are many rights that are awarded to the employee, and many times those right differ from state to state.

If someone was constructive discharged in the state of Georgia and received severance and then asked to resign, when the severance ends are the eligible for unemployment?

They can apply for unemployment, and state that they were fired but then asked to resign. It would solely be up to the hearing officer. If it says that they resigned, they are going to have a tough time going around that. Also, if they were entitled to unemployment, they would be required to repay the severance.

Can constructive discharge be hard to prove?

Constructive discharge (CD) can be very difficult to prove. They would need to be able to show that they had no choice but to quit. In other words, they have considered and tried all other alternatives, and nothing has worked, so they quit.

If constructive discharge cannot be proved, what other alternatives can employee try other than quitting?

Other alternatives instead of quitting their job would include transferring; going over the supervisors head; or asking for a meeting with the supervisor, or they could find another job before they quit the current job.

In the state of Massachusetts if an employee has taken on more responsibility then others of the same position, and because of their gender and age they got fired because of a customer complain, could this be a claim for constructive discharge? If the employer changed the terms of employment, the employee can file for unemployment benefits. This comes from the change in hours and pay, but can also be changed in duties and responsibilities. As to filing a constructive discharge complaint legally, they will not have a claim unless there was a conduct of discrimination against the following: race, age, gender, nationality, religion or sexual.

The legal consequence for constructive discharge can vary from each country, but normally a constructive discharge will lead to the employee’s obligations ending and the employee seeking the right to make claims against the employer. When in doubt if you have a claim for constructive discharge you can consult in an Expert in order to find out your right when dealing with a constructive discharge.

Ask an Employment Lawyer

Tina
Tina, Lawyer
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Recent Constructive Discharge Questions

  • I am being harassed by my boss. She is making things up about

    I am being harassed by my boss. She is making things up about me and trying to get me in trouble in any way. I feel very uncomfortable at work and have reported the harassment to management and nothing has been done. This has been going on for about 2 years. It has disrupted my work duties and my home life. Can I sue the company I work for?
  • Hello, I have currently resigned my employment on 9/14 with

    Hello,
    I have currently resigned my employment on 9/14 with a proper two weeks notice.
    My decision to resign was series of stress.
    My determination took place when my employer decided to rehire a former employee and slowly transition her back in my position. My company is a "At Will" employer.
    I manage to always excel in my position. Our company now only have one office that is based in kingwood, Tx. Originally when I was hired on 4/16/2012 I accepted a due to another office they had at a time which was a merely closer distance (Approx 8) miles from my residence.
    I than was approached by my boss January 2014 and was told they had decided to no renew the lease and provided me 2 option either I can resign or choose to work at thief kingwood, TX location.
    Despite a short time span to make a decision I was only to left with an option to work at the kingwood, tx office, which is 100 miles/ daily commute back and forth.
    I was also denied compensation for mileage as well tolls that worth $14/day itself.
    I also informed my supervisor that the matter of level of stress involve in his such demand (time and cost) He than mutually agreed that if I we're to be late, where area fail to report (8-5 business hours listed in the handbook) based of mutual agreement my employer verbally agreed in such occasion I won't be penalized, as long at I stay late also to comply working my 40 hours week. (I would typically work 45-60) anyways despite the time 4 hours of travel commute that's not included.
    In June, my former employer had decided to rehire a former employee to start in July 2014.
    Little did I know, slowly but surely I was starting to experience more confrontations, conflicts, little things those didn't matter now using against me subject to company handbook and guidelines.
    I started to feel like I was increasing anxiety and was afraid to be in confrontations due to feeling intimidated by my colleague, including former one that just joined also my direct supervisor.
    It seem that I was also being ignored. Anytime I raised my concern very politely and confidentially to my direct supervisor, to which not only he took any actions buys notice the behavior of my colleagues avoiding me more and more, and when we talk it's over a confrontations.
    On August one day after a lengthy hostile work stressful day and traveling back home (in tears) I made it home around 9pm and yet manage to no be able to sleep (feeling anxiety, having trouble sleeping) I then decided to email my team (per handbook guidelines) that I want feeling week and needed time to rest and requested that no member for my company need to contact any of my family members but me.
    The following morning after a 3 hours of sleep I was woken up to 7 miss calls from my mother, and alternately text messages from one of My friend and 3 calls from my father. I also received an work email from my colleague. Upon finding out that my colleague was told by my supervisor to call my family members also reac out to anyone that she can to see if I was ok( that's her side of explanation ) she also recorded and Audio clip when conversation with my mother from work phone and never mention to her that she was being recorded.
    I took this matter very seriously again which caused much further stress that is invading me and my families privacy and doing what it would them to obtain any bit of information to retaliate against me.
    I inform my colleague of her such behavior right away also pointed this matter to my supervisor to which he loughed it off and said she's just a kid and this matter didn't go any further.
    Due to the nature of such behaviors I had to take charge and protect myself and was able I forward and audio recorded which I have it saved as well as other informations like company emails.
    I was even told that I need to learn to speak English properly via colleague though work emails. We then all discussed this concern of how I felt a bit discriminate, yet it was all discussed verbally and didn't go anywhere and if anything I was more in a isolated environment and given a poor treatment of no communication while that continue to take lunch breaks and in gage in conversations by themselves, know that I was also their teamate.
    Despite all I manage to stay to myself and no matter how good I do was eventually look Dow upon, if anything my supervisor had mange to offer me a write up as to how I wasn't performing my job well and about the tardiness. I refused to sign and broke down and told him how I felt all these past serveral moths and level of my stress and anxiety. He later offered me to either go home or I can wish to take a break and return to work and withdraw his write up.
    1 week and a half went by, things were back to the same and I was again given a final write up over my tardiness. It that is also include one day company let everyone go at 3pm who made GP, and I was among one of them yet was
  • 6 weeks after I returned from fmla. My nurse manager has verbally

    6 weeks after I returned from fmla. My nurse manager has verbally abused me twice., given me a poor evaluation, skipped a verbal warning and went straight to a write up. She has told me she wanted to help me find a new job and would not hire someone like me and among other horrible things. Iv gone to humane resources for help and was told it was my perception. I went to the director of nursing and was wrote up after she talked with my manager. I have been demoted and replaced by new nursing grads. I have 20 plus years of expereince. The last 25 nurses she has hired has been in there 20's and when given a chance she will promote them. I get the worst assignments, not getting lunch breaks and having to stay over 1 to 3 hours to complete my work. These hours being added to a 12 hour shift. I did a constructive discharge. I could not.take it anyone more after the director humiliated me in front of everyone. I have talked with 2 lawyers and they don't want to bother with the age discrimination because of.the corporation they would be against and told me they would make me look like the worst employee they ever had and.that it is hard to.prove. I don't know what to do. Any suvgestions?
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