Construct discharge occurs when an employer creates a hostile environment causing the employee to quit. If the employee can prove the employer made their life miserable to force them to leave the organization, this can cause legal issues for the employer. The employee would definitely be eligible for unemployment.
Examples of construct discharge could be bullying, discrimination, harassment, demoting without fair warning or valid explanation, unreasonable changes in work hours, being forced to work in an unsafe environment.
More subtle examples could be constant unfair criticism, demeaning employees in front of others, failure to provide adequate support in doing their job.
If you would like to learn more about this and other HR matters, reach out to a Human Resource Professional.
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