Legal Question in Employment Law in Pennsylvania

Re: Constructive Discharge

Constructive Discharge is a term used in Employment Law where an employer does not actually fire an employee but essentially removes them from their job. For example, consider a manager who manages 30 people and one million dollars worth of business. The employer thinks he is getting old and they want to replace him. If they fired him because he is old they would be sued for age discrimination. So instead of firing him they move him to another job where he is no longer responsible for one million dollars of business and no longer responsible for the management of any employees. He is not fired, but he no longer performs his job. This is constructive discharge under the law.

Basically, if a person loses their position because of some discrimination, but is not fired they may have a claim of this sort. These are very complex situations and you should talk with an attorney.

If you have any questions please do not hesitate to contact me at (610) 635-5555.

Richard E. O'Neill