You know, sometimes it REALLY is them and not you.
As in, maybe your employer really IS trying to make your working environment so intolerable, in an attempt to force you to resign. No, making 100 copies of a 25 page Powerpoint or going on a coffee run does not constitute intolerable working conditions. We’re talking substantially increasing/decreasing your workload without cause, demoting your responsibilities or just acting with an unprovoked level of hostility towards you. Sounds like this applies to you? Well, be aware that this type of behavior is what is referred to as “constructive discharge”.
The legal definition of constructive discharge is as follows: when an employee resignation is caused solely by an employer implementing or allowing an extraordinary change that made working conditions so intolerable that it would have compelled any reasonable employee to resign. Further, these are three characteristics of constructive discharge: 1) The employer’s conduct effectively forced the employee to resign; 2) A continuous pattern of employer misconduct existed; 3) Conditions were so egregious and intolerable that any reasonable person would have quit.
But, why would they want to force you out of your job? Well, maybe your bosses just cannot stand you and, therefore, do not want to be responsible for paying you any type of severance if they lay you off. If an employee resigns (i.e. voluntarily leaves the company), they are not entitled to collect unemployment. However, if an employee is basically forced to quit due to a terrible work environment, then, under constructive discharge, there is a possibility that you will be able to collect unemployment – even though you resigned. Good information to have, don’t you think?
What are some other penalties a company can face under constructive discharge?
For starters, there’s back pay and front pay for the expected length of time it will take an employee to find a job. In addition, there might even reimbursement for attorney fees. Also, take into account the fact that there may be monetary damages for pain and suffering. A harsh working environment really DOES take a toll on your mental health!
Think that this situation applies to you? Start by taking an inventory of your surroundings and determine if you can apply the three characteristics of constructive discharge listed above to your situation. If so, perhaps consult an employment lawyer and discuss your experience with them.
No employee deserves to be mistreated by their employer in such an unreasonable manner. Remember Milton from Office Space? Know your rights, so that you do NOT turn into the next him.
For more information about constructive discharge, refer to the following webpage: http://definitions.uslegal.com/c/constructive-discharge/.
Posted by Melanie on October 30, 2009 at 12:00 pm.
