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Question re: Constructive Discharge

 
 
Reply Wed 4 May, 2005 05:21 am
I understand Constructive Discharge (CD) to be a possible consideration when a boss/employer changes or makes working conditions so unbearable the employee has no choice but to quit - there can be a finding for the "wronged" employee.

My question is in regard to a different time frame. If 'miserable' working conditions or situations have existed for many years, does the continued annual signing of a contract year after year during that time suggest on-going acceptance of those conditions? Is it possible for a person to pursue CD after, say, a decade of such conditions - that s/he has finally reached a "breaking point" and can't take it anymore?

Thanks.
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Type: Discussion • Score: 2 • Views: 930 • Replies: 3
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Letty
 
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Reply Wed 4 May, 2005 07:49 am
Wow! bermbits. You're still having problems? I am so sorry, buddy. I hope Joeofchicago finds this thread.
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joefromchicago
 
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Reply Fri 6 May, 2005 08:23 am
Re: Question re: Constructive Discharge
bermbits wrote:
My question is in regard to a different time frame. If 'miserable' working conditions or situations have existed for many years, does the continued annual signing of a contract year after year during that time suggest on-going acceptance of those conditions? Is it possible for a person to pursue CD after, say, a decade of such conditions - that s/he has finally reached a "breaking point" and can't take it anymore?

Thanks.

I think it would be much harder to prove a case of constructive discharge under those circumstances. Not impossible, perhaps, but much more difficult. Obviously, your acceptance of the "intolerable" conditions for so many years militates against your argument that those conditions have suddenly caused you to reach a breaking point.
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bermbits
 
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Reply Tue 10 May, 2005 02:14 pm
Thanks jfc and letty.
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