<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by
[email protected]:
Constructive termination? I am currently still employed by the company, receiving pay and benefits. I'd appreciate a description of constructive termination. Thanks.<HR></BLOCKQUOTE>
Yes, but in your condition and mental state, you can't just walk back into work, knowing that the other person is still there. Which means, a condition of the workplace is prohibiting you from going back to the workplace, and as such, you are "constructively terminated." But for your EEOC claim, would you still be getting paid. No. They are afraid of being sued, and have chosen the other employee over you.
CONSTRUCTIVE TERMINATION OF EMPLOYMENT--DEFINITION
A termination of employment by an employer may be either actual or constructive.
It is constructive when an employee resigns because an employer acting directly [or through persons effectively representing such employer, namely an [officer] [director,] [managing agent] [or] [supervisory employee]] either intentionally creates, or knowingly permits to exist, working conditions that are so intolerable or aggravated at the time of the resignation that a reasonable employer would realize that a reasonable person in the employee's position would be compelled to resign.
Adverse working conditions must be unusually aggravated or amount to a continuous pattern before the situation will be deemed intolerable. [Single, trivial, or isolated acts of misconduct by an employer are generally insufficient.]
IAAL
------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."
[This message has been edited by I AM ALWAYS LIABLE (edited April 29, 2000).]