Legal Question in Employment Law in New York

constructive discharge,reduction of salary

Where can I found the law governing constructive discharge in relation to salary reduction? Can a person file a constructive discharge claim when they are transferred from one job to another location for same job title and pay with the exception that salaries is based on ratings, good ratings =higher salary, poor ratings =lower salary..Current job have good ratings, if transferred job will have lower ratings therefore lower pay.


Asked on 5/08/04, 4:40 pm

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: constructive discharge,reduction of salary

Constructive discharge is not a law, its a legal theory. Basically the theory is based upon an employer's actions are such that they amount to a termination, even if the lawyer didn't actively terminate the employee the effect was an intent on the employer's part to force the employee to leave her job. The purpose of the theory is to allow one to file for unemployment benefts which one is not entitled to when he voluntarily leave his job without justification.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 5/10/04, 9:12 am


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