||Oracle Tips by Burleson
Ensure a Tolerable Working
A disgruntled or aggrieved employee may take
advantage of the constructive discharge doctrine to sue an employer.
Under constructive discharge, the employer is alleged to have
created an intolerable working environment and refused to address
the underlying issues.
An intolerable working environment for
computer professionals can be related to many factors such as
unreasonable work-hours, a harassing environment, unethical
practices, overbearing work demands, physical assaults, etc. A
constructive discharge case typically requires more than a couple of
occurrences of intolerable working conditions to support such a
claim. However, exceptions to this rule have been made when the
misconduct is of a severe nature.
Constructive discharge may only be
established based on either of the following conditions:
An employee has been subjected to an
intolerable working environment that any reasonable employee
would be compelled to resign from their job position, given that
the employer was provided a minimum of 15 days notice that the
employee intends to resign because of the work environment and
the employer does not address the issues.
Unacceptable behavior by the employer or
a representative of the employer directed at the employee
including any form of harassment, discrimination, acts of
violence, and so forth that would compel the employee to resign.
Employers should not condone any conditions
that employees may find intolerable or hostile, and should work
diligently to prevent these circumstances from occurring and
eliminate any existing conditions immediately.
The above book excerpt is from:
Firing Computer Professionals
manager Guide for Terminating "With Cause"