Constructive Discharge

Posted in Human Resource Terms, Total Reads: 228

Definition: Constructive Discharge

Constructive Discharge in law is seen as a type of indirect termination in which an employee is made to resign from the job as result of unfavorable working conditions created by employee specifically to trigger resignation.
It may not be legally correct. It can be seen as termination without a cause rather than viewing it as a resignation which the employer wanted. It may not be always true.

The following are the various unforeseen circumstances under which an employee usually goes for a constructive discharge:

1. The superior’s behavior towards the employee is rude or disrespectful.

2. Lack of fair treatment towards the employee.

3. A good performance leading to a bad performance review.

4. Denial of promotions or appraisals.

5. Continuous criticism of the employee.

The first thing that the employee should do if any of the above mistreatments are noticed by him/her is never to let go. The manager may be pushing things harder because of the reason that he/she may be retaliating towards the employee for a particular reason. But the employee has every right to consult a lawyer in any circumstance for any guidance under such mistreatment.

If the employee has signed any contract or Non-compete agreement, the employer may try to push the employee towards a constructive discharge. If such a thing is happening then the employee should definitely take the help of a lawyer.


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