Constructive Discharge Research Paper
Employee Claim:
Constructive Discharge
Kelly Haydu
December 11, 2014
Human Resources – Task 1
Constructive Discharge In the legal arena there are many issues of wrongful employee termination and employees suing employers for all sorts of actual and perceived wrongs. Constructive discharge occurs when working conditions are so unbearable the employee see no other option but to quit. Due to the conditions it can be seen as tantamount to a firing despite the lack of formal termination notice (USLegal.com). According to the law, constructive discharge can only be proven by either of the following occurring:
1. There is objective evidence of difficult or unpleasant working conditions and that a reasonable employee would feel …show more content…
Supervisors should encourage employees to use this new employee complaint system and take all issues seriously. This could prevent other issues like this constructive discharge claim from happening in the first place.
References
Cole, Schotz, Misel, Forman and Leonard (2010). http://employmentlawmonitor.com
Finnegan, S. (1986). Constructive discharge under title VII and the ADEA. The University of Chicago Law Review, 53(2), 561-580.
Lane, Powell, Spears, Lubersky LLP (2004). United state supreme court rules that “constructive discharge can be “tangible employment action” in title VII cases. http://www.lanepowell.com/wp-content/uploads/2009/04/eah_2004_0007.pdf
Underwood, Steven D. (2013). Constructive discharge and the employer’s state of mind a practical standard. 1 J. Bus. L. 343 (2013). http://scholarship.law.upenn.edu/jbl/vol1/iss1/14.
US Legal, Inc. (2001-2014). http://uslegal.com
Thomson Reuters (2014). Ellerth-Faragher defense.
Constructive Discharge
Kelly Haydu
December 11, 2014
Human Resources – Task 1
Constructive Discharge In the legal arena there are many issues of wrongful employee termination and employees suing employers for all sorts of actual and perceived wrongs. Constructive discharge occurs when working conditions are so unbearable the employee see no other option but to quit. Due to the conditions it can be seen as tantamount to a firing despite the lack of formal termination notice (USLegal.com). According to the law, constructive discharge can only be proven by either of the following occurring:
1. There is objective evidence of difficult or unpleasant working conditions and that a reasonable employee would feel …show more content…
Supervisors should encourage employees to use this new employee complaint system and take all issues seriously. This could prevent other issues like this constructive discharge claim from happening in the first place.
References
Cole, Schotz, Misel, Forman and Leonard (2010). http://employmentlawmonitor.com
Finnegan, S. (1986). Constructive discharge under title VII and the ADEA. The University of Chicago Law Review, 53(2), 561-580.
Lane, Powell, Spears, Lubersky LLP (2004). United state supreme court rules that “constructive discharge can be “tangible employment action” in title VII cases. http://www.lanepowell.com/wp-content/uploads/2009/04/eah_2004_0007.pdf
Underwood, Steven D. (2013). Constructive discharge and the employer’s state of mind a practical standard. 1 J. Bus. L. 343 (2013). http://scholarship.law.upenn.edu/jbl/vol1/iss1/14.
US Legal, Inc. (2001-2014). http://uslegal.com
Thomson Reuters (2014). Ellerth-Faragher defense.