Wrongful Termination

What is constructive discharge?

So, constructive discharge is a type of a wrongful termination where the employer doesn't want to fire the employee because they're afraid of a lawsuit. So, what they do is they make their job so intolerable, so hard, so difficult that the employee can't really work under those circumstances.

For example, I had a case once where an employee had her schedule shifted so many different times that she didn't know when she was supposed to come to work and when she was not supposed to come to work. In that case, she considered herself as if she was terminated and we called that a constructive discharge.

So, in other words, it's a way for an employee to quit work while at the same time saying that they didn't quit out of their own will, they were actually fired by their employer. That's a constructive discharge.

NoteGeneral information, not legal advice. Attorney advertising.
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