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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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My boss announced his retirement at the end of August (his

Resolved Question:

My boss announced his retirement at the end of August (his last day is the 14th of October). At that time, he began discussions with the CEO regarding my continuation with the company. Several options were presented, but no decision was rendered at that time. Yesterday, the CEO called me to say I would be moved to Marketing and he sent me a new job description (it is clear that my current position is being phased out). The CEO is very aware that numerous people have significant issues with the director of that group - myself included - and that complaints have been filed against the director with HR. The head of HR acknowledged to the CEO (in front of my boss) that there is, indeed, a "problem" with that individual. I know for a fact that an employee who was wrongfully terminated by this person is taking action against the company for hostile work environment and wrongful termination. This person has directed towards me very hostile and aggressive behavior in the past, and I have repeatedly complained to my boss about the behavior, going so far as to write a 9-page complaint memo to him about the unprofessional, hostile attitude regularly displayed by this director.

Thus, I have a couple of questions. One, can they force me into this new job even though we've presented reasonable, viable options to the contrary? Two, is there such a thing as constructive employment discharge and what do I have to endure to make that case happen?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Joseph replied 5 years ago.
Your employer could require you to move jobs even though you've expressed a complaint about the person's hostile behavior toward you.

Constructive discharge occurs when your employer's behavior is so intolerable that no reasonable person could continue to stay at the job.
Customer: replied 5 years ago.
Knowing that the individual's behavior is intolerable and having evidence to support that assertion, would I first have to go to work directly for that person, or would merely quitting before that happens support an argument for constructive discharge?
Expert:  Joseph replied 5 years ago.
Quitting before the move would happen could constitute constructive discharge, but it would be a stronger case if you were to work directly for the person beforehand.
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