3 ms·

None of that constitutes constructive dismissal, because it doesn't constitute discrimination against the complainant (quite the opposite, in fact).

• ceejayoz 8y ago
  I think you're mixing up concepts. Discrimination is not required for constructive dismissal. A 35% wage cut is de-factor "you're fired, but we'll re-hire you at this lower rate" and is likely to make you eligible for unemployment as a result, as it's clearly a substantial modification to the employment contract between the two parties.
  • chimeracoder 8y ago
    > A 35% wage cut is de-factor "you're fired, but we'll re-hire you at this lower rate" and is likely to make you eligible for unemployment as a result, as it's clearly a substantial modification to the employment contract between the two parties. It's not so cut-and-dry, and in fact, there's already case law in New York holding that pay cuts of about one-third are not inherently constructive dismissal, and that it depends on the particulars of the individual's case. With that on top of everything else, it's a really far stretch to read the one-line description from the article that the driver quit because of "low pay" and infer that constructive dismissal is applicable here.
    • ceejayoz 8y ago
      If you're still talking about "I was discriminated against and want my job back and back pay as recompense", sure. If you want unemployment benefits, the question is "will the state labor department accept it?" There's going to be a lower threshold there.