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CA-constructive discharge??

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  • CA-constructive discharge??

    I recently returned to work after a long (6 months) disability. I returned part time per my doctor's note, and am still receiving partial disability from the state. When I told my supervisor I was going to get released for full time work, she told me she probably didn't have it. I then had a discussion where I agreed to a schedule of 4 hours, 5 days a week from 6am to 10 am until I am released for full time. She has already made it clear she has no intention of giving me full time work. She has harassed me to no end since I started work here, and is trying to force me to quit. Once I agreed to the schedule, I came in to work and found that I was scheduled 3 evenings and 2 afternoons, with no morning hours at all. When I took it to her supervisor, he refused to do anything about it, despite the fact that she is giving her daughter and another part time employee their choice of hours while she lets me work whatever is left. As a full time employee, I should be entitled to my shift that is currently open.

    I have watched her harass and defame other employees, and I will not give her the satisfaction of quitting. As far as I'm concerned they made me sick to begin with, and I will stay until they let me go so I can get my unemployment.

    My question is, if they refuse to give me full time work, despite the fact that I am a full time employee and I pay for medical benefits as a full time employee, can I file for unemployment for my remaining 20 hours a week?

    And, by trying to make my work situation intolerable, have they not effectively given me a constructive discharge?

  • #2
    You can always file for unemployment. Whether you will get it or not is for the state to decide.

    And what is considered a constructive discharge is extremely subjective.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      It is only constructive discharge if the adverse treatment is based on a legally protected characteristic. Not being a family member is not one. She can treat you differently because you are not her daughter or because she is generally a miserable person to be around, and it isn't illegal.

      Your only options aren't quit or stay. You can always apply for other jobs elsewhere and give your notice when you find something better. In fact, if this job is affecting your health to the point of needing 6 months off, I'd highly recommend it.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


      • #4
        The term "constructive discharge" describes a situation in which an employee is forced to quit a job because the employer has made working conditions intolerable. Working conditions may be considered intolerable if, for example, the employee is discriminated against or harassed, or if he or she suffers a negative change in pay, benefits, or workload for reasons that are not performance-related. In most cases, an employee who voluntarily leaves a company—as opposed to one whose employment is terminated by the company against his or her will—is not entitled to unemployment benefits and loses the right to sue the company for wrongful termination. It is not just based on a legally protected characteristic.
        Somedays you're the windshield and somedays you're the bug.


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