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Possible contructive discharge?

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Solanine

Junior Member
What is the name of your state? Pennsylvania

Someone I worked with at a convenience store recently quit her job due to the threat of being fired. She was apparently under scrutiny for possibly stealing approximately $5,000.00 worth of cigarettes PER MONTH for around four months. I realize, this sounds ridiculous, but they were convinced she was doing this. Eventually, word got around from the supervisor of the store that he said he KNEW for a fact that she was stealing the absurd amount of cigarettes every month, and that she was on the first of a small list of employees to be terminated as soon as they felt they no longer needed the help at the store. She was well aware of this lie going around, hence the reason she quit, as she knew they were going to fire her. The store's supervisor told anyone he could that she was stealing thousands of dollars a month in cigarettes without a doubt, even though he had no proof whatsoever. Because obviously, they would have fired her sooner if they had proof, or if they even realized that "at will" means they don't need a reason to terminate anyone. And since she quit, she can't get a job anywhere in the area because of all this; word had gotten around quickly, even before she quit. Is this possible grounds for either constructive discharge or even defamation/slander? (I realize either is difficult in most cases to prove.)
 


SAK2000

Member
I'm not saying she did steal or she didn't but if she knew she was going to get fired then why didn't she stick it out until then. At least she would have had a better chance to collect unemployment while she looked for another job.
 

Solanine

Junior Member
SAK2000 said:
I'm not saying she did steal or she didn't but if she knew she was going to get fired then why didn't she stick it out until then. At least she would have had a better chance to collect unemployment while she looked for another job.
:confused:
Let's see, she didn't stick it out for the obvious reason, she didn't want to have a fire on her record. And she can't get another job in the area because word had gotten around before she quit.
 

SAK2000

Member
There are worse things in life than being fired from a job. One of them would be not having any income coming in while you look for another job.
 

cbg

I'm a Northern Girl
The answer to your first question is no, this is not constructive discharge. A constructive discharge means that your work situation was so outrageous that no reasonable person would have had any option but to quit. Since she did not quit, by definition it is not constructive discharge.

The answer to the second question depends on whether she did or didn't steal any cigarettes. If she didn't, then she MIGHT be able to make a defamation charge stick but she'll need an attorney - it's not a DIY project.

If she stole ANY cigarettes, though, even if not to the degree described, then she's out of luck since truth is an absolute defense to a defamation charge.
 

xylene

Senior Member
Solanine said:
What is the name of your state? Pennsylvania

Someone I worked with at a convenience store recently quit her job due to the threat of being fired. She was apparently under scrutiny for possibly stealing approximately $5,000.00 worth of cigarettes PER MONTH for around four months. I realize, this sounds ridiculous, but they were convinced she was doing this. Eventually, word got around from the supervisor of the store that he said he KNEW for a fact that she was stealing the absurd amount of cigarettes every month, and that she was on the first of a small list of employees to be terminated as soon as they felt they no longer needed the help at the store. She was well aware of this lie going around, hence the reason she quit, as she knew they were going to fire her. The store's supervisor told anyone he could that she was stealing thousands of dollars a month in cigarettes without a doubt, even though he had no proof whatsoever. Because obviously, they would have fired her sooner if they had proof, or if they even realized that "at will" means they don't need a reason to terminate anyone. And since she quit, she can't get a job anywhere in the area because of all this; word had gotten around quickly, even before she quit. Is this possible grounds for either constructive discharge or even defamation/slander? (I realize either is difficult in most cases to prove.)
Even if your friend did nothing wrong, the situation is not defamation/slander.

FACTS:

She was under investigation by empolyer for theft.
She quit.

Stating those facts (that you have provided) is, unfortunately for your pal, enough to call her charachter into question for other businesses in the area.
 

Gadfly

Senior Member
She left when she should have stayed around and defended herself and proved she didn't do it. Her running leaves a cloud over her head. Assuming she didn't do it this is a stupid move.

As for word "getting around town," where is she applying? Let's face it, many convience stores are owned by the same company or franchise, further more, there IS a network within any industry. It's time for a careear change.
 

Solanine

Junior Member
cbg said:
The answer to your first question is no, this is not constructive discharge. A constructive discharge means that your work situation was so outrageous that no reasonable person would have had any option but to quit. Since she did not quit, by definition it is not constructive discharge.
You might have missed it, the first sentence states she quit. Granted, working conditions may not have been outrageous for everyone, but if the same situation was applied to anyone else, I'm sure they would have done the same thing.

As a side note to Gadfly, I'm not assuming anything, I was her Supervisor as well. She didn't steal anything. Besides, she stuck around for four months with the same conditions, and if they had proof they would have canned her long before she decided to quit. But they didn't have a damn thing on her, so they made her life at work a living hell and hoped she would just quit. She hasn't just applied in convenience stores, either. No business in town will take her.
 

cbg

I'm a Northern Girl
You're right, I did miss it. Sorry about that.

But I still don't think it meets the standard of a constructive discharge.
 

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