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Wrongful Termination
Bad Business & At-Will

Summer Car

"The better work men do is always done under stress and at great personal cost."
-William Carlos Williams

Issues has received various questions, complaints and concerns about businesses and business practices. Most of the concerns relate with unethical business practices. While our policy is not to liable businesses, many of these concerns need to be addressed, which we will do without divulging the company's name, as a means of protection against allegation. That is not to insinuate that we do not believe our reader's stories, but rather to protect ourselves from liability suits.

Since Issues is already involved in the at-will employment issue, we have decided to bring you more information involving real life true at will horror documentation, as well as state-by-state disclosure of laws and bills regarding at-will employment and/or employee protection.

The first at-will issue we are following concerns Rick from South Carolina. Rick was unaware of the at-will doctrine. He had never heard of employment at-will. First of all Rick lives in South Carolina, a right to work state. Unfortunately for Rick, a right to work state does nothing to protect his rights against at-will employment, it simply secures the right of employees to decide for themselves whether or not to join or financially support a union. Another unfortunate attribute for residents of Right to Work States: the three groups protected against the at-will doctrine are State Employees, Federal Employees and Union Members.

The prior statement was not meant as a vote for unions, it was merely a statement of fact.

 

 

FROM CONSTRUCTIVE DISCHARGE TO AT-WILL DISMISSAL

A TWO YEAR BATTLE AGAINST HARASSMENT AND TORTURE AT THE HANDS OF HIS SUPERIORS ENDED WITH AN AT-WILL DISMISSAL

What happens when a superior within a small business holds a personal grudge against an employee? If the superior holds no professional ethics, he or she will deliberately impose working conditions that are so discriminatory and/or intolerable that a reasonable person would quit, in other words, the superior would impose a constructive discharge.

Intolerable working conditions were just a small portion of the harassment Charlie suffered at the hands of his New York Employer for nearly two years. (More...bottom of page)

Constructive Discharge
The Involuntary Resignation

From Florida Mediation Group

What Is Constructive Discharge?
From U.S. Law.com

Constructive Discharge
From USLaw.com

Elements Necessary To Prove
Constructive Discharge

From Phelps Dunbar LLP

Constructive Discharge &
California Law

From LaLabor.com

Constructive Discharge

When an employer imposes intolerable working conditions that foreseeably would compel a reasonable employee to quit, (i.e. prohibited harassment or discriminatory/retaliatory working assignments or conditions)

Constructive Discharge
From Employment Law Central

Constructive Discharge
From GotTrouble.com

Constructive Discharge
An EEOC Description

Abrupt Dismissal
From: Business.com

Termination and Constructive Discharge
From: Business.com

Common-Law Tort Theories
at-will employment
constructive discharge

Charlie's Story Continued...

Charlie's employer worked continuously to make his life miserable. This was accomplished by continuously changing the job description Charlie was presently placed into and by always placing Charlie under the direct supervision of a supervisor that had a personal conflict with Charlie's spouse. This factor continued even when Charlie was placed in positions that would normally dictate a different direct supervisor. It continued even through a promotion to Divisional Manager, a position that traditionally held no direct supervisor. The supervisor would force Charlie to work late evening hours, because his superior "knew he hated that shift," or would insist that Charlie be responsible for office work, even though he held a field position.

The situation worsened when the company found itself in the midst of a Federal Labor Department investigation. The company owner made several references to Charlie, indicating that: 'he knew Charlie's wife was responsible for their present dilemma,' always adding: ‘don’t worry that has no bearing on your position with the company, you’ll always have a job here.’ Charlie's work schedule increased, although being a salaried employee meant no wage increase in compromise. The abuse grew at a steady pace. Charlie began making references to his spouse and coworkers that he wanted to look for a new job. This never developed for his employer kept him overloaded with work, not allowing Charlie adequate time to seek another job.

In November of 2001, Charlie's employer called him into the office to inform Charlie that ‘there was no longer a position for him with the company.’ Charlie requested one of the many positions that the company was presently hiring to fill, but the company owner stood firm on ‘the company no longer having a position for Charlie.’

Since that day, the rumor mill had offered various explanations for Charlie's dismissal. Two employees revealed that ‘Charlie’s direct supervisor had smugly told them that Charlie had been fired.’ The supervisor later recanted the story and suggested that the company was downsizing, even though new employees were hired within 24 hours of Charlie's dismissal.

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Employment Section:

  1. Employment & Business Section:

    1. Fired for Having a Heart Attack - The Employment At-Will Doctrine

    2. Is At-Will Out-The-Door in NY?

    3. Workplace Violence & Employment At-Will
    4. Non-Compete Agreements

    5. Wrongful Termination

    6. State-By-State Laws: At-Will Employment

    7. Hostile Work Environments

    8. Car Buying Guide

    9. State-By-State Resources: Department of Motor Vehicles

    10. Investigate That Business

    11. Background Investigation Databases

    12. International Unclaimed Funds Databases

    13. American Unclaimed Funds Databases

    14. Page last Updated 6/20/2002
      C 2002 L Munro