Some employers really, really hate to fire employees. That doesn’t mean they won’t do it – but they’ll do just about anything to avoid calling it what it is.
A few months ago, I wrote about “bogus RIFs” – when an employer tries to avoid “firing” an employee by claiming it’s really a “reduction in force.”
There’s another kind of “alternative” separation called a constructive discharge.
Under federal law, a “constructive discharge” occurs when the employer deliberately makes working conditions so intolerable that a reasonable person in the employee’s position will feel compelled to resign. It can also include a forced resignation. In the eyes of the law, a constructive discharge is the same as an out-and-out firing, and sometimes it’s worse.
The U.S. Supreme Court agreed this week to decide when exactly the statute of limitations begins to run on a constructive discharge claim.
Since constructive discharge is hot right now, it must be time for a quiz! As always, the answers are provided, so there’s no pressure.
Are you ready to test your knowledge? Set? GO!