Being placed on performance improvement plan isn’t grounds to claim ‘constructive discharge’ — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Being placed on performance improvement plan isn’t grounds to claim ‘constructive discharge’

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in Firing,Human Resources

Sometimes, employees can quit their jobs and still sue, claiming they were terminated. That’s called “constructive discharge” and savvy lawyers sometimes use it to get a lawsuit into court when an em­­ployer gives the employee the choice between resigning or being fired.

The idea is that an employer shouldn’t be able to avoid responsibility for a discriminatory action simply because the employee wanted to avoid the stig-ma of being fired.

However, courts don’t allow employees to use constructive discharge as an excuse to quit unless they can off substantial reasons why they felt they had no choice but to resign.

Recent case: Parker and Melvin both worked as insurance sales managers for Nationwide Mutual Insur­­ance Company. They had the same supervisor and both were over age 40. Both claimed they were top ­performers.

Apparently their supervisor didn’t agree and placed them both on performance improvement plans (PIPs) for al...(register to read more)

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