Wednesday, June 18, 2008

Forced Resignation/Constructive Termination

Sometimes we say that we know someone that’s been “run out of their job.” But, the legal terminology we should use is that the person was a possible victim of “constructive termination.” So, I want to take a quick look at the two types of termination, actual and constructive.

Actual Termination

When you are actually fired by your employer, you are notified in writing or verbally that they don’t want to see your Black a** no more! Yes, let me be real on that.

Constructive Termination

Constructive termination is when an employee resigns because their company or one or more of their representatives, such as a supervisor, director, etc., is intentionally creating a situation where the employee’s work environment is so hostile and intolerable that there is no way the person can stand to show up on the job anymore. And, the employer would have known that the person would have been compelled to resign based on what was going on at work. In those cases, it can be argued that the worker was a victim of constructive termination. In other words, they were forced to resign because it was the only reasonable choice, considering the circumstances.

To give you an example of constructive termination, I’ll describe what happened to a friend of mine, a manager. She was stripped of her staff, she was asked to clean the company’s three kitchens, she was forced to shred paper for days at a time and to break apart meeting folders, she was asked to wear a head scarf to serve clients food, she was given extremely menial tasks, and she was being demoted—at the time she resigned. She is now seeking legal remedy based on constructive termination among other violations of her rights. So, use the proper terminology. If you were run out of your job, say that you were the victim of constructive termination and prove your case!

FYI: Isolated acts of hostility or misconduct wouldn’t justify the accusation against an employer that there was constructive termination, but a continuous pattern of intolerable behavior would certainly support an employee’s claim that they were forced to leave their job.

4 Comments:

Anonymous pammcroy said...

I feel I was a victum of constructive termination. Could you help me with who I can be in touch with before I go to the umemployment office. pammcroy2005@yahoo.com

12:47 PM  
Anonymous Anonymous said...

I worked for a company for three years. I was in one department that did not exaserbate my existing disability. This disability was known by the company and all department managers I had contact with. After I had reported numerous illegal activities, including harassment, discrimination and violations of health code adn theft by a department manager to the store manager, I was transfered to a department that caused me harm and because of my disability, was not able to continue to work in that department. I reported this to the store manager DAILY but no actions were taken. In act, he told me I should quit. I reported my problem for almost 10 minths before it became impossible for me to withstand the pain and discomfort that the job produced. I did eventually resign. I was a member of a union, that did nothting to help resolve my problems, of which these are only a few. Now what do I do?

11:34 PM  
Blogger Amar said...

My father was recently asked to sign a resignation letter by his employers and the reason stated by them to sign him the letter was "organzation restructuring". Although he was given a promotion 8 months earlier and an appraisal letter 3 weeks prior to these actions. When my father refused to sign the resignation letter and requested for a legitimate reason, he was threatened and bullied by his senior "should I call the secuirty or are you signing the letter?". To these words my father absolutely refused to sign the letter and the following day he was terminated. Since then he has been traumatised and has not been reacting improperly due to suffering from insomnia and mood disorder.
Were the actions of my father's employers justified?
Please consider the fact that company is not at all suffering from any kind of monetary loss neither has any Organisational restructure plan announced to the employees.

11:14 AM  
Blogger chandra said...

ecstatic adoration to constructive criticism
Copy of Resignation Letter

2:30 AM  

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