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View Full Version : constructive discharge? California Colorado


SSD
01-03-2008, 07:39 PM
1 - I work for a company from home (as do all of its employees). The company sold two of its properties. I was told it would not impact my employment
2 - my immediate boss resigned; again, I was told it would not impact my employment
3 - when I requested vacation after 1 ½ years and no time off, the CEO insinuated that I should basically NOT take vacation, continuously asking if I could do the work from China (my destination). I ensured before I left that I was not being relied upon to work from there.
4 - the company utilized the services of a business associate to do a fraction of what I do daily (and it was not done properly, despite the fact that I provided documentation).
5 - upon my return, the CEO immediately had a meeting with me and informed me that he wanted me to train the person who covered for me when I was gone, and that I would be doing forums postings to market his new website. This has nothing to do with what I was hired to do. I told him that I am a writer and did not want to spend 7 hours a day doing forums postings. He proposed a ridiculous number of postings to accomplish each month: 1-3,000. He was very ambiguous about what I would be doing.

The company is obligated contractually to provide the content writing and editing services that I provide, as a condition of its sale of two properties to another company. I am the only one who knows how to do it properly.

I feel like I am being punished for taking vacation. This is a demotion, for sure.

Since my boss resigned, I was witness to a sales manager who was forced out, there seems to be no alternative to this new job, it feels like I am being forced to resign. It feels like once I train this guy, they really have no reason to keep me.

Anyone have any idea how I should proceed?
Thanks.

Droopy128
01-11-2008, 11:24 AM
Your employment is at-will, can always walk and seek other employment opportunities, and I don’t see anything is your post which support constructive discharge.

joec
01-11-2008, 05:09 PM
Constructive discharge is a very high burden of proof,and the most difficult of all wrongful termination suits to bring before the bench. Contact an attorney in your state for further clarification or to see if their is a different theory of law. I tend to agree with Droop. Nothing in your post appears actionable.
JoeC

Pattymd
01-11-2008, 11:13 PM
Your employment is at-will, can always walk and seek other employment opportunities, and I don’t see anything is your post which support constructive discharge.

I don't either. Your employer is within his rights to require that you do any work assigned to you that is not illegal.

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