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  • Constrictive discharge

    [COLOR=DarkSlateBlue] I have been on a job for 10 years now all of a sudden i have been written
    up in less than three months and told i will be evaluated again in 30days
    with the possibility of being terminated is this considered constrctive
    discharge?
    Last edited by ladyt_37; 07-23-2004, 07:17 AM.

  • #2
    Constructive Discharge

    Constructive discharge is defined as. ""A termination of employment brought about by making the employee's working conditions so intolerable that the employee feels compelled to leave". However, with that definition in mind, it is not easy to say that you are being constructively discharged without understanding the situation further. Did you appeal the issue? Have you talked with the human resources staff or a person more senior in management?

    Employers have the right to change work rules and the methods of performing work AND to require employees to change, as well. So, if you are being disciplined because you did not meet their expectations AND you are not being singled out, you may not be able to meet the definition of constructive discharge. For example, a long-term employee is assigned a new supervisor. The new supervisor is stricter regarding rules for showing up to work on time. Though the employee may have been able to arrive late at times in the past, the rules have changed. The supervisor has the authority to discipline the person. On the other hand, if everyone else continues to arrive late and it is only one employee that is disciplined, then that employee is not being treated fairly. If the reason is because of the person's gender, race or another protected class, there may be a case for a claim of discrimination. In that case, and assuming that the discrimination is unbearable, there may be a cause to call a voluntary quit as a constructive discharge.

    But...before you make any quick moves, I would talk with your supervisor and try to see the situation from his/her perspective. See what you can do to work within your employer before you leave. It will be much easier for you to be able to achieve success by doing so.

    Please let me know if this answers your question.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

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    • #3
      constrictive discharge

      This is a new manager and I was written up for not getting to 85% of training for some employees who work under me. However this was on the 14th of July and I have until the 24th of July per my district manager.I as why i was being written up and he made the comment because you are not going to make it.At this point I have made it my point to be at 85% by tommorrow . Any comments concerns ect. He ask if I wanted to speak with my district manager and i ask would it do any good he said no. Help

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      • #4
        Challenge with the New Manager

        Did he give you any reasons why he believes you are going to "make it"? If possible, you may want to talk with him, letting him know that you want to know how you can be successful. As a former manager myself, I know that it is very difficult to turn away an employee who is eager for success, who is open to suggestions and who is asking for assistance.

        If you are not comfortable with that approach or if your manager is not willing to work with you, you have nothing to lose, and a lot to gain, by going to the District Manager and, if a Human Resources Department is available, to going to speak with someone in that department. As I said earlier, it is far better to work within the system, at first, before leaving. It will assist you in several ways. 1) You may very well get the assistance that you are seeking. 2) If you don't, it will assist your argument (if it comes to a complaint of discrimination) that you tried every internal remedy possible.

        Should you receive advice from your manager, be sure to take it, so long as it is legal. Whether it is liked or not, this manager has your future in his hands. Good luck.
        Lillian Connell

        Forum Moderator
        www.laborlawtalk.com

        Comment

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