Every employee wants to work in an organization with a favorable work environment, a positive impact on personal growth, and substantial remuneration.
Sometimes, these needs are unmet since an organization’s management never kept to its word. This influences an employee to get a constructively discharge.
In this article, you’ll learn the meaning of constructive discharge, the requirements, and the reasons for a constructive discharge.
Let’s get to it.
WHAT’S CONSTRUCTIVE DISCHARGE?
A constructive discharge is when employees resign because they cannot bear the hostile work environment.
A worker can leave an employer when there is an adverse work condition.
Constructive discharge differs from other forms of work termination like a dismissal or layoff. This term is legally recognized.
Aside from personal and organizational factors, if an employer goes against federal laws that favor employees, it can be a motivator for a constructive resignation.
REQUIREMENT FOR CONSTRUCTIVE DISCHARGE
A constructive discharge is recognized legally. Hence, certain requirements must be followed before an employee’s decision can be tagged a constructive discharge.
Here are some requirements;
- Discriminatory actions influenced a negative work environment.
- An unacceptable work condition caused an employee’s involuntary resignation.
- A reasonable person in the employee’s position will find the work environment unbearable.
These are the requirements for a constructive discharge stated by the Equal Employment Opportunity Commission (EEOC).
REASONS FOR A CONSTRUCTIVE DISCHARGE
Here are some reasons that can influence an employee to take a constructive discharge.
- PAY DECREASE
If an employee’s remuneration is slashed or decreased unfairly, it is a good reason to seek a constructive discharge.
If the employer carries out such action without any tangible reason or based on dislike, that will encourage a hostile work environment.
If an employee experiences discrimination based on their race, beliefs, nationality, religion, or health status, they may be forced to terminate their employment.
No employee can function in an environment that threatens their existence and purpose. Discrimination is a form of employment harassment.
- FAVORITISM IN PROMOTION
If an employee gets demoted or denied promotion because their superior get along more with another employee, this can be termed favoritism.
Such behavior can be the basis for a constructive discharge by an employee.
- FAILURE TO MEET AN AGREEMENT
If an employer fails to keep to an agreement based on an employee’s remuneration and financial benefits, it can influence a constructive resignation.
For instance, an employer may have promised an increment in remuneration after three months. If that agreement is ignored without notice, an employee can resign constructively.
- LAXITY OF THE MANAGEMENT
When an employer ignores a complaint filed by an employee regarding a hostile work environment, it becomes a valid reason to get a constructive discharge.
For instance, in a case of sexual harassment, an employee files an incident report to the manager, and nothing is done to curtail such an incident.
Note that employees who resign typically are not entitled to unemployment benefits.
A constructive discharge gives room for an employee to apply for and receive unemployment benefits if they qualify.