Legal Question in Employment Law in California
Constructive Discharge
A month and a half ago my manager cut my shifts down to one. When I confronted him about it, he got angry and told me that I knew what I did and that I should fess up. I told him that I didn't know what he was talking about, but he continued on this "you know what you did" deal. Since then, he won't speak to me or be in the same room with me.
I was told by a friend that what my manager is doing is called Constructive Discharge and that I should find an attorney. However, the attorney I spoke to wouldn't take my case. He said that I should call Fair Employment and Housing, but they told me they couldn't help me because I was discriminated against.
My question is this--where else should I be calling? I can't possibly believe that I am the only one that this has happened to. What else should I be doing?
1 Answer from Attorneys
Re: Constructive Discharge
Unfortunately, you may be caught in a situation without a legal remedy. In general an employer may change the terms and conditions of employment at will. The employee may accept the changes or quit. Under some circumstances the employer may lose the right to take such action if company policy provides employees protection (such as progressive discipline or alternative dispute resolution procedures). In some instances if an employee is are unable to resolve the problem with his direct supervisor he may want to consider addressing it with Human Resources or the manager's manager.
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