Constructive and Wrongful Discharge
Not what you're looking for?
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?
Purchase this Solution
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.
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 ...
Purchase this Solution
Free BrainMass Quizzes
Situational Leadership
This quiz will help you better understand Situational Leadership and its theories.
Social Media: Pinterest
This quiz introduces basic concepts of Pinterest social media
Understanding the Accounting Equation
These 10 questions help a new student of accounting to understand the basic premise of accounting and how it is applied to the business world.
Accounting: Statement of Cash flows
This quiz tests your knowledge of the components of the statements of cash flows and the methods used to determine cash flows.
MS Word 2010-Tricky Features
These questions are based on features of the previous word versions that were easy to figure out, but now seem more hidden to me.