Constructive Termination?

[ShawnaB]

What is the name of your state?What is the name of your state? Texas
I worked for a law firm in Texas as a paralegal for almost 3 years. I was "constructively terminated" I believe by my employer. My things were already boxed up and someone was already working in my office at the time I came in to talk to my employer. He knew I was in a financial bind and he had me sign a "voluntary resignation" and gave me a check for $300.00 and said it was for severance pay. I was the ONLY employee he let go that he did this with and I only signed the resignation because I needed the money. He knows I am a single mother and my son had been ill quite a bit and I had no choice but to stay home with him when he was ill. There was no absentee policy either. I filed for unemployment anyways and both sides issued their statements and they found in my favor as termination for unavoidable absences. Now he has appealed the decision. I want to be sure that I am doing the right thing and that I have a chance at overcoming him in this. I only had about 5 minutes to decide whether or not to sign the resignation before I left with my belongings. Is this considered constructive termination?

Shawna B.

 

[Beth3]

No. Constructive discharge applies when an employee's working conditions have been made truly intolerable because of their membership in a protected class. For example, if you were African American and were being subjected to on-going harassment in the workplace due to your race that the employer failed to stop and that was so severe that a reasonable person would have no other reason but to quit.

Your issue is different. For UC purposes an ultimatimum from your employer to "resign or be fired" is the same as an involuntary termination. The UC office has already ruled that you were discharged and also that you were not discharged for a reason that would make you ineligible for benefits. That decision will be reviewed at the hearing but from what you've written, I expect it will be upheld.

 

[ShawnaB]

Thank you!

TX.

Thank you for your reply. I wanted a second opinion as another attorney had told me that it was constructive termination. Now that I know exactly what it is from your example, I know its not but I still believe and have hope that with the situation as it happened that I will still be able to receive my benefits upon review.

ShawnaB