Thread regarding AT&T layoffs

Not a Lawyer: Constructive Discharge / Constructive Dismissal

Not a Lawyer-just doing some web searches and sharing

US Department of Labor
In general, the term "constructive discharge" is when a worker's resignation or retirement may be found not to be voluntary because the employer has created a hostile or intolerable work environment or has applied other forms of pressure or coercion which forced the employee to quit or resign. This often arises when an employer makes significant and severe changes in the terms and conditions of a worker's employment. What constitutes a constructive discharge is usually defined in state law and varies from state to state.

In employment law, constructive dismissal, also called constructive discharge or constructive termination, occurs when an employee resigns as a result of the employer creating a hostile work environment. Since the resignation was not truly voluntary, it is, in effect, a termination.

When can you claim constructive dismissal?
Employees can claim that they have been constructively fired when their employer has given them little option other than to quit. Employees who think they have been constructively dismissed – and that their termination was a wrongful one – have a limited amount of time to raise their legal rights. They have to file a wrongful termination claim before the applicable statute of limitations has expired. Which statute of limitations applies to a case will depend on why the constructive dismissal amounted to a wrongful dismissal.

Employer Actions that Constitute Constructive Dismissal

For a constructive dismissal to occur, the employer must act in a way that changes the fundamental terms of the employment relationship are changed. Such actions might include:

The employer demoting an employee or reducing the employee’s remuneration;
The employer refusing, by words or conduct, to allow the employee to fulfill the conditions of employment (such as locking an employee out of a building or removing support staff);
The employer harassing or abusing an employee; or
The employer giving the employee the choice of accepting the fundamental change or being fired.

By such types of action, employers essentially cease to meet their obligations and are therefore terminating the employment contract. Employees can therefore treat the contract as fundamentally breached and consider themselves as being dismissed through the employer’s actions.

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| 1956 views | | 11 replies (last May 25, 2023) | Reply
Post ID: @OP+1mLMEL3e

11 replies (most recent on top)

Back in 2019 when the company was pushing collaboration zones, I knew a guy who originally agreed to relocate to Middletown to avoid surplus, but then backed out his promise without actually moving. A few months later during the next round of surplus, he was let go with full severance package. Those who refused to relocate during the first round also got their severance packages. So if you were asked to relocate but did not follow the order, you are still entitled to severance package. Don't give up too easily.

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Post ID: @2pkd+1mLMEL3e

I can assure you of this. If you’re told to move for your job and you refuse you will not get a severance package. Dream on.

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Post ID: @1dge+1mLMEL3e

“They won’t fire you. They’ll say not moving amounts to quitting“

By this logic, any time, any company in the US, wants to get rid of an employee and avoid severance or unemployment, they can just come up with a new "job requirement" that they know an employee can't meet, and then claim that means they voluntarily resigned. I'm also not a lawyer, but something tells me that won't fly. I think a lot of people get the rules over commute within a reasonable distance, confused with forcing people to move to other states. Plus, idk why people keep insisting there will be no help of any kind for affected employees... the FAQ clearly states we may receive a severance. Sure , it says "may", but it's just a legal language bs since there will be some specific rules and timelines for those that want to take it. The leadership are savages, but even they don't want to go full r... and simply throw people out because they know what kind of public image that would create.

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Post ID: @1qpz+1mLMEL3e

“ They won’t fire you. They’ll say not moving amounts to quitting“

This is incorrect.

If you don’t quit, they MUST (and will) eventually involuntarily terminate you.

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Post ID: @1niz+1mLMEL3e

I'm thinking about commuting over to Dallas, finding like minded remote refugees to rent a cheap place downtown (if that exists), and calling their bluff.

Would mean hours of driving every week, and no more late nights working, ever. It's tempting just for the satisfaction of putting a small dent (about a day's pay for JS) in their emergency cash flow rescue plan.

Not saying I'd do it, as the one suffering most would be and the people back home. But it does cross my mind.

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Post ID: @1pva+1mLMEL3e

They won’t fire you. They’ll say not moving amounts to quitting

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Post ID: @1ttz+1mLMEL3e

You clearly have an interest in the law. Have you considered going back to school to get that law degree? Your future is a blank slate. It’s never too late.

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Post ID: @1uvs+1mLMEL3e

Generally speaking, constructive discharge is nearly impossible to prove. The action is generally focused on an individual employee, and the burden of proof is on that employee.

AT&T is making company-wide changes so this likely won't apply here. Make no mistake, HR and legal have looked at this course of action, and they can bring the fight.

Depending on the state, it's possible a class action could gain some traction but man it would be an uphill battle...

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Post ID: @1xdt+1mLMEL3e

Start spending the time you are wasting looking up legal info making updates to your resume and searching for new jobs.

Thank you there Angie.

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Post ID: @1cam+1mLMEL3e

Start spending the time you are wasting looking up legal info making updates to your resume and searching for new jobs.

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Post ID: @1hod+1mLMEL3e

If I was told to move and didn't want to; I would not quit. I would keep working until either they fire me or offer me a severance package. They are counting on people quitting or finding other jobs prior to whatever deadline they put in place. If you really think about it, you have nothing to lose at this point by playing the long game. The worst thing they can do is fire you, right?

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Post ID: @brx+1mLMEL3e

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