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Constructional Termination

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tgalambv

Junior Member
Constructive Termination

What is the name of your state? New Jersey

My wife is working in an office that is as unproffessional as it gets. Recently, the boss is focusing alot on her and another employee and screaming, ranting and raving at them every opportunity she gets.

Most recently, the boss has denied them to take lunch at the end of the month, told them they will now be required to work later, earlier and even weekends and she does not follow the employee handbook guidelines and makes up her own set of rules. The company is relatively small so a complaint to HR is probably a mistake.

It is to the point where my wife wants to just quit and find other work but we need the money from UI until she can find something equivalent.

It appears that this is Constructive Termination in the making and there is also a rumor that they would like to see them quit on their own.

This company is famous for fighting the payment of unemployment compensation with several former employees which would explain this tactic.

Need advice.
 
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mlane58

Senior Member
It appears that this is Constructional Termination in the making and there is also a rumor that they would like to see them quit on their own.
Its Constructive Discharge!
This is when an employer imposes intolerable working conditions that foreseeably would compel a reasonable employee to quit, whether or not the employer specifically intended to force the employee’s resignation. Employee is entitled to remedies as if terminated. Constructive discharge can mean prohibited harassment or discriminatory/retaliatory working assignments or conditions.


Most recently, the boss has denied them to take lunch at the end of the month, told them they will now be required to work later, earlier and even weekends and she does not follow the employee handbook guidelines and makes up her own set of rules.
Under New Jersey

Mandatory break laws apply only to minors under the age of 18. Company policy dictates break and lunch periods for anyone over the age of 18. Minors under the age of 18 must be given a thirty (30) minute meal period after five (5) consecutive hours of work.
 

seniorjudge

Senior Member
mlane58 said:
Its Constructive Discharge!
This is when an employer imposes intolerable working conditions that foreseeably would compel a reasonable employee to quit, whether or not the employer specifically intended to force the employee’s resignation. Employee is entitled to remedies as if terminated. Constructive discharge can mean prohibited harassment or discriminatory/retaliatory working assignments or conditions.




Under New Jersey

Mandatory break laws apply only to minors under the age of 18. Company policy dictates break and lunch periods for anyone over the age of 18. Minors under the age of 18 must be given a thirty (30) minute meal period after five (5) consecutive hours of work.

Oh, I thought that "constructional termination" was death at a work site.
 

tgalambv

Junior Member
I was going to comment that the topic is touched in this web site and dubbed "Constructive Termination". Is the "Constructive Discharge" legal jargon for New Jersey or....

In your opinion, does it look like there is enough there? We are not dealing with a minor or an hourly employee but your key word of retaliation is right on the money.
 

cbg

I'm a Northern Girl
To be honest with you, no, it doesn't. I'm by no means unsympathetic, having been there, but a constructive discharge (or termination, whichever you prefer) generally requires ILLEGAL behavior, such as illegal discrimination under Title VII or sexual harassment, not just the boss being a jerk.

Nothing you describe reaches that level. Quitting would almost certainly result in your wife being denied unemployment.
 

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