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"Constructive Dismissal"

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K

kookiecutter

Junior Member
New York State.

Hi, my friend worked at an architectural firm for about one year, maybe more, as an architect. Last week, his boss asked him to "work on credit", meaning he wasn't going to pay him. My friend asked his boss to just lay him off, but his boss refused probably because he doesn't want to pay the unemployment benefits to the state. While we encouraged our friend to pressure his boss with legal action, he instead quit. Does he have a case against the firm? How long does he have to take action? He's worried about the costs to hire a lawyer since he is strapped for cash. I believe his boss has not been paying him for a week or two and instead just gave him $1000 as compensation, which is not his regular salary. I understand that times are tough for companies, but that does make it right to take advantage of their employees?

Thanks.
 


M

mlane58

Senior Member
kookiecutter said:
New York State.

Hi, my friend worked at an architectural firm for about one year, maybe more, as an architect. Last week, his boss asked him to "work on credit", meaning he wasn't going to pay him. My friend asked his boss to just lay him off, but his boss refused probably because he doesn't want to pay the unemployment benefits to the state. While we encouraged our friend to pressure his boss with legal action, he instead quit. Does he have a case against the firm? How long does he have to take action? He's worried about the costs to hire a lawyer since he is strapped for cash. I believe his boss has not been paying him for a week or two and instead just gave him $1000 as compensation, which is not his regular salary. I understand that times are tough for companies, but that does make it right to take advantage of their employees?

Thanks.
Click to expand...
Pressure him with legal action? Please at best your friend has a claim with the state wage and hour division and thats all.

It's called Constructive Discharge and it occurs 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.
 
cbg

cbg

I'm a Northern Girl
Pressure him with legal action? Please at best your friend has a claim with the state wage and hour division and thats all.

And he didn't even have THAT much, until he ACTUALLY worked some hours for which he was not paid.
 
E

ecmst12

Senior Member
This would be a valid unemployment claim I think. Regardless of what they call it, "we can't afford to pay you anymore" whether they tell you to stop coming to work or not, is a layoff.
 
P

pattytx

Senior Member
He has nothing to lose by filing.

And if he did work time for which he was not paid, he files a claim with the state DOL, if eligible. I will say, however, that the state will only take wage claims if the employee makes $600/wk (although that may have recently increased slightly). If his wage was over that, he will need to file a civil claim (small claims would probably work).
 
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