Comment by arielcostas

4 hours ago

On the other hand, it may end up the other way: pressure you or bully you into quitting yourself. Here in Spain it happens sometimes: firing you is expensive and they don't want you around for whatever issue, so they'll try to find any justification to fire you, or just pressure you in some way on another to make you miserable enough to quit. No doubt that would happen in the US.

1 comment

arielcostas

shagie 2 hours ago

In the United States, that's known as constructive dismissal or discharge.

https://webapps.dol.gov/elaws/eta/warn/glossary.asp?p=constr...

https://en.wikipedia.org/wiki/Constructive_dismissal

This can easily backfire on the employer with discrimination, hostile workplace, and a variation on wrongful dismissal lawsuits.

From Wikipedia:

    From a legal standpoint, it occurs when an employee is forced to resign because of intolerable working conditions which violate employment legislation, such as:

    Family and Medical Leave Act of 1993 (FMLA)
    Equal Pay Act of 1963 (EPA)
    Change in schedules in order to force employee to quit (title 12)
    Americans with Disabilities Act of 1990 (ADA)
    Genetic Information Nondiscrimination Act of 2008 (GINA)
    Age Discrimination in Employment Act of 1967 (ADEA)
    Title VII of the Civil Rights Act of 1964 (Title VII)

It would take significant change to multiple parts of federal legislation and that in many states with additional worker protection laws.

For example, in California ... https://workplacerightslaw.com/library/retaliation/construct...

    To succeed on a claim for constructive discharge, you must be able to prove at least three elements:

    Your employer was trying to force you to resign by intentionally and knowingly creating an employment environment that was intolerable and aggravated;
    This unbearable, hostile workplace gave you no choice but to resign; and,
    Your employer was motivated to get rid of you for illegal, retaliatory or discriminatory reasons.