Constructive Dischrage - Fortune 10 Company

[TheEdge]

What is the name of your state? New York
I work for a Fortune 10 company as part of a Sales team. They have just given us our 2008 Compensation Plan/Quota and have increased it to an unattainable level. The increase is over 40% from 2007.

We feel this is just a way to "thin the heard" so to speak. Well it is working, people are quiting and making it even tougher for the ones that remain.

Can someone explain to me what needs to be proven in a "constructive Discharge" case against an employer? Cause I think we have a good one.

 

[Beth3]

Constructive discharge means that an individual's work environment was made so truly intolerable that the employee had no option BUT to quit. Constructive discharge, in and of itself, is not actionable. If I want to hound someone out of the organization, I can. If I'm hounding that individual because of a protected characteristic (race, gender, religion, etc.,) only then does constructive discharge become a legal matter.

Having tough or even unattainable sales goals does not amount to constructive discharge.

 

[You Are Guilty]

Can someone explain to me what needs to be proven in a "constructive Discharge" case against an employer?

A plaintiff must establish that the abusive working environment became so intolerable that plaintiff's resignation qualified as a fitting response, i.e., that a "reasonable person" would have felt compelled to resign.

Cause I think we have a good one.

Unless you have an employment contract, you don't.