3 ms·
Since this was reversed on appeal, the implications were already covered, it seems. I was not personally familiar with the term "constructive discharge," but I
by taeric 4y ago
Since this was reversed on appeal, the implications were already covered, it seems. I was not personally familiar with the term "constructive discharge," but I am glad to see that it is not something you have to be in a position of extreme leverage to protect yourself against.
- dragonwriter 4y agoTo be fair, because of at will employment, you mostly have no protection against discharge, constructive or direct, other than specific negotiate contractual provisions, or protected class discrimination, or some retaliation protections. But, the doctrine of constructive discharhe means when you do have protection against discharge, your employer imposing intolerable working conditions so you quit instead of directly firing you isn’t an effective hack around them.
- taeric 4y agoRight, the protection against the constructive is that you can keep benefits owed on direct terminations. That is, my main concern before was on the last sentence you have here. Many negotiated benefits are on getting fired. If they can instead basically force you out so that you don't get those benefits, that is pretty terrible. Note that this still allows you to take pay cuts and such. Those are not directly illegal. Nor do I think they should be.