If I told my employers I was searching for a new job and was put in a situation where they are forcing me to quit, would this be a constructive discharge?
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If I told my employers I was searching for a new job and was put in a situation where they are forcing me to quit, would this be a constructive discharge?
My employers knew from the beginning that I was not going to be around for a long time. I was initially hired as a consultant they managed to talk me into taking a full time job with the company in order to turn the department around. I have accomplished that task and ownership has been vocal and enthusiastic about my work. When I first broached the subject of my departure, we discussed terms and stipulations which both sides agreed to. I have been playing by the rules we agreed to.
Asked on January 14, 2012 under Employment Labor Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Constructive discharge is when your job is made impossible--e.g. you are transferred to a location too far away to reasonably commute to. Pressure, harassment, etc. to quit is not generally considered constructive discharge. If there is an agreement in place (you mention terms and stipulations) and the employer is violating or breaching them, you may have a cause of action for such breach; but if they are honoring the terms of any agreement, even if trying otherwise to "force" you to quit, you probably do not.
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