Legal Question in Employment Law in Michigan
Workplace violence, aquisition
Company A (seller)
Company B (potential buyer)
Company A is currently going through an acquisition with Company B. Company B�s Vice President was Company A�s former CEO. Company B�s partner is Company A�s former Recruiting Manager.
During the Recruiting Manager's employment with Company A, she threatened to take the Human Resources Manager outside and kick her ass. Based on investigation, the Recruiting Manager was found guilty and was fired from Company A for threatening the HR Manager.
Company A is in the due diligence process. Company A and Company B are negotiating to take all the employees with the deal.
Because of the conflict between the Human Resources Manager and the Recruiting Manager, the HR Manager is concerned with her safety and career with Company B.
If the HR Manager declines the offer because she fears for her safety in Company B, she loses the severance package. Can the HR Manager build a case and receive the severance package even if she declines the offer? The HR Manager has been with Company A for 14 years.
1 Answer from Attorneys
Re: Workplace violence, aquisition
Your reason for quitting would be your apprehension of perceived (on your part) violence at the hands a former coworker who threatened you in the past. The former CEO of "A" approved her discharge for threatening you and is now a VP for "B" with a knowledge of the past conflict between you and the recruiter.
Given these circumstances, I would not decline the offer. You are attempting to present a case of "constructive discharge" i.e. forced to quit - but there is no direct threat justifying this presently.
Constructive discharges are difficult to prove. You would be unlikely to collect unemployment benefits if you left citing the circumstances in your narrative. It appears , without further detail, that there is no unlawful discrimination that would form the basis for a lawsuit.
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