3 ms·

Does America not have the concept of constructive dismissal?

bediger4000 4y ago
I don't think we do. I've had jobs in the USA since 1984, and I've never heard that term.
nickstinemates 4y ago
In California, you don't need to construct a dismissal. It's an "at-will" employment state, which means you can be fired at any time without any reason or any reason (so long as if there's a reason, it's not because of a minor list of things.) In practice what this means is, in tech at least, you're thrown a nickle or two in exchange for an agreement, among other things, that you won't sure the company for violating your rights later.
- BoorishBears 4y ago
  You don't need to but companies would still much rather you walk away from an HR perspective. That "minor list of things" you allude to becomes very problematic for the company if someone even tries to claim it your underlying motivation was tied to it. So people willingly leaving because of a blanket decree removes that aspect entirely.
  - nickstinemates 4y ago
    100% - have been involved in a few of those and it's very expensive to deal with: even an unsubstantiated/dubious claim both in time and lawyers.
claudiulodro 4y ago
It does! Generally if you quit you can't collect unemployment insurance, but if your boss places unreasonable expectations on you or creates a hostile work environment you can argue it was constructive dismissal and collect unemployment even if you quit. The current Twitter situation is ripe for such claims. Criteria from Wikipedia: "The Equal Employment Opportunity Commission has provided a 3-part test to determine whether or not a constructive discharge has occurred: (1) a reasonable person in the complainant's position would have found the working conditions intolerable; (2) conduct that constituted discrimination against the complainant created the intolerable working conditions; and (3) the complainant's involuntary resignation resulted from the intolerable working conditions"
- TedKroft 4y ago
  In my (blue) state if you quit and file for unemployment due to hostile/unsafe work environment, they ask the company if that was true and take the company at face value and reject your unemployment claim.
nradov 4y ago
Yes, America has a concept of constructive dismissal. If an employer drastically changes the employee's working conditions or assignments and the employee then resigns, they might still be able to claim unemployment insurance as if they had been laid off. Authorities look at several criteria when making that determination but it's kind of a judgment call depending on the facts of a particular case. If anyone wants to know how this applies to their particular situation then they should really consult a labor attorney. You're unlikely to get completely accurate legal information here.
deleted 4y ago
[deleted]

I don't think we do. I've had jobs in the USA since 1984, and I've never heard that term.

In California, you don't need to construct a dismissal. It's an "at-will" employment state, which means you can be fired at any time without any reason or any reason (so long as if there's a reason, it's not because of a minor list of things.) In practice what this means is, in tech at least, you're thrown a nickle or two in exchange for an agreement, among other things, that you won't sure the company for violating your rights later.

BoorishBears 4y ago
You don't need to but companies would still much rather you walk away from an HR perspective. That "minor list of things" you allude to becomes very problematic for the company if someone even tries to claim it your underlying motivation was tied to it. So people willingly leaving because of a blanket decree removes that aspect entirely.
- nickstinemates 4y ago
  100% - have been involved in a few of those and it's very expensive to deal with: even an unsubstantiated/dubious claim both in time and lawyers.

claudiulodro 4y ago

It does! Generally if you quit you can't collect unemployment insurance, but if your boss places unreasonable expectations on you or creates a hostile work environment you can argue it was constructive dismissal and collect unemployment even if you quit. The current Twitter situation is ripe for such claims. Criteria from Wikipedia: "The Equal Employment Opportunity Commission has provided a 3-part test to determine whether or not a constructive discharge has occurred: (1) a reasonable person in the complainant's position would have found the working conditions intolerable; (2) conduct that constituted discrimination against the complainant created the intolerable working conditions; and (3) the complainant's involuntary resignation resulted from the intolerable working conditions"

TedKroft 4y ago
In my (blue) state if you quit and file for unemployment due to hostile/unsafe work environment, they ask the company if that was true and take the company at face value and reject your unemployment claim.

nradov 4y ago

Yes, America has a concept of constructive dismissal. If an employer drastically changes the employee's working conditions or assignments and the employee then resigns, they might still be able to claim unemployment insurance as if they had been laid off. Authorities look at several criteria when making that determination but it's kind of a judgment call depending on the facts of a particular case. If anyone wants to know how this applies to their particular situation then they should really consult a labor attorney. You're unlikely to get completely accurate legal information here.

deleted 4y ago

[deleted]