Share
Explore BrainMass

Constructive and Wrongful Discharge

An employer makes an employee's life miserable and the employee quits. What is this called?
Does the employer's burden of proof change between constructive and wrongful discharge?

Solution Preview

Excellent questions! Let's take a closer look. I also attached a very informative article, some of which this response is drawn.

1. An employer makes an employee's life miserable and the employee quits. What is this called?

It is called "constructive discharge" which may involve a number of employee claims against the employer. Such claims normally stem from alleged unfair treatment by the employer and, if proven, can be very costly. Normally such claims arise when an employer is prevented from terminating an employee by some form of contractual or legal constraint. Confronted with such constraints, an employer may engage in activities intended to force a problem employee to quit. And if an employee is forced to quit, the courts may not consider his/her action voluntary (http://www.entrepreneur.com/tradejournals/article/print/87211790.html).

2. Does the employer's burden of proof change between constructive and wrongful discharge?

a. Constructive Discharge

The courts are divided on ...

Solution Summary

An employer makes an employee's life miserable and the employee quits. This solution explains what this is called. It also explains if the employer's burden of proof changes between constructive and wrongful discharge. Supplemented with detailed information on constructive discharge including cases.

$2.19