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February 2019 Archives

Constructive discharge may be wrongful termination

At times, an employee may feel unhappy enough at work to consider resigning. Perhaps the supervisor unfairly criticizes the worker in a performance review. Maybe co-workers are rude and hostile. An employee can feel upset when inappropriate language or remarks demean the individual's gender, ethnicity or religious beliefs.

What factors do courts look at in a constructive dismissal case?

"Constructive dismissal" happens when an employer creates a work environment that is so intolerable that it forces the employee to quit. This may happen when an employer wants to fire an employee but doesn't have a legally valid reason to do so. For example, the employer wants to terminate a worker because they are a member of a specific race but wants to avoid an accusation of discrimination or wrongful termination.

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