DO I HAVE A CASE FOR CONSTRUCTIVE DISCHARGE? Article by a Florida Attorney

MARCH 26, 2018

Matthew K. Fenton

Do you want to know how to prove constructive discharge?

WHAT IS CONSTRUCTIVE DISCHARGE?

People quit their jobs for a number of reasons. Often, life circumstances change, or the job just isn’t the right fit. In the case of constructive discharge, a work environment becomes so hostile and intolerable an individual is forced to quit.

Is constructive discharge illegal? Yes.

According to the Equal Employment Opportunity Commission (EEOC), “discriminatory practices… also include constructive discharge or forcing an employee to resign by making the work environment so intolerable a reasonable person would not be able to stay.” Does this sound like what has happened to you?

WHAT CONSTITUTES INTOLERABLE WORKING CONDITIONS?

A person who is forced to quit due to intolerable working conditions may have been subject to unlawful harassment or discrimination. This can include but is not limited to:

  • Sexual Harassment
  • Sex or Gender Discrimination
  • Pregnancy Discrimination
  • Religious Discrimination
  • Age Discrimination
  • Race Discrimination
  • Disability Discrimination
  • Consistent Workplace Bullying, Humiliation, Badgering, or Harassment

If proven, any of these types of intolerable working conditions may meet the lawful requirements of constructive discharge. In addition, there are other circumstances that may meet the conditions, including:

  • A reassignment to menial work
  • Pay or hour decreases without adequate justification
  • Demotions, job responsibility removal without reason, and forced retirement

Sometimes, people believe they have grounds for filing a case based on certain behaviors, such as mean looks or whispering between co-workers and/or supervisors. Although uncomfortable, these behaviors are not likely to support a constructive discharge. Also, if you believe that someone may feel a certain negative or hostile way towards you for whatever reason, that does not in and of itself constitute constructive discharge.

Have you noticed how Ms. Tebo has already provided her statements of constructive discharge in her resignation letter which ended up in the newspaper plus her statements on Anita Rivers? We may be in trouble on this one. One thing is for certain, Ms. Tebo definitely has discrimination down. And we all know she keeps notes on everything and this one may hit the Town in the pocketbook.

Karin for the blog

One Reply to “DO I HAVE A CASE FOR CONSTRUCTIVE DISCHARGE? Article by a Florida Attorney”

  1. In today’s world anyone can sue for anything. However, that does not mean they will win. Undoubtedly Tebo will sue, she has a track record of that, and with her narcissistic personality disorder where nothing is ever her fault, everyone is out to get her, and she is unquestionably the smartest person in the room, I would expect nothing less. However if you review the attitude displayed to the Town Council in any of the videos of Council Meetings, her lack of responsiveness to questions or for information, and her basic FU attitude to the Mayor, other Council Members, and Citizens I think she will have a tough case to prove. And yes the burden of proof is on her not the Town to disprove.

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