Isn't this a fairly clear cut case of constructive dismissal? Asking someone to return to knowledge work after one of the most traumatic events of their life i

Isn't this a fairly clear cut case of constructive dismissal? Asking someone to return to knowledge work after one of the most traumatic events of their life is tantamount to firing them. They're not going in, if they do go in they're going to be an emotional wreck.