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Constructive dismissal.

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  • Constructive dismissal.

    Hello, I am living in South Africa, I realise that American Laws will not be the same as South African labour laws, however, online resources in terms of forums etc for American labour law appear to be more "jacked up" than our local ones.

    I'd just like to know if there is such a thing as constructive dismissal for your guys? (Constructive dismissal is a term used when an employee feels they have no other option but to leave their job as the direct result of their employer’s behaviour.) - This could be due to many things.. abuse, intimidation, the employers reaction to grievances, when the employer decides he no longer wants to employ you and tries to do things and say things to get you to resign, etc..

    Thanks.

  • #2
    Yes we do, but sounds like the bar is much higher here. Simplistically, sexual or physical harrassment are about it (although there are exceptions, they are few and far between).
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      I've gotten unemployment when I had documentation that the employer was doing something illegal and was asking me to participate in it.
      I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

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      • #4
        Originally posted by Alice Dodd View Post
        I've gotten unemployment when I had documentation that the employer was doing something illegal and was asking me to participate in it.
        Good point, Alice, forgot about that one.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Business dictionary - Situation where an employer creates such working conditions that the affected employee has little or no choice but to resign.
          Can include, but not limited to: sexual harassment, sabotage of employee's work, and vandalizing the employee's workspace, home or other personal property.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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          • #6
            Having said all this, US Law is likely very different from the law in South Africa, so what might be considered "constructive discharge" in the US may not be in your country and vice versa.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Agree, we probably really shouldn't have even answered your South Africa question since laws in US are most likely different (even though we know you understand that).
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment

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