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Oracle Tips by Burleson |
Ensure a
Tolerable Working Environment
A disgruntled or aggrieved employee may take
advantage of the constructive discharge
doctrine to sue an employer. Under constructive discharge, the
employer is alleged to have created an intolerable working environment
and refused to address the underlying issues.
An intolerable working environment for computer
professionals can be related to many factors such as unreasonable
work-hours, a harassing environment, unethical practices, overbearing
work demands, physical assaults, etc. A constructive discharge case
typically requires more than a couple of occurrences of intolerable
working conditions to support such a claim. However, exceptions to
this rule have been made when the misconduct is of a severe nature.
Constructive discharge may only be established
based on either of the following conditions:
An employee has been subjected to an intolerable
working environment that any reasonable employee would be compelled to
resign from their job position, given that the employer was provided a
minimum of 15 days notice that the employee intends to resign because
of the work environment and the employer does not address the issues.
Unacceptable behavior by the employer or a
representative of the employer directed at the employee including any
form of harassment, discrimination, acts
of violence, and so forth that would compel the employee to resign.
Employers should not condone any conditions that
employees may find intolerable or hostile, and should work diligently
to prevent these circumstances from occurring and eliminate any
existing conditions immediately.
The above book excerpt is from:
You're Fired!
Firing Computer Professionals
The IT
manager Guide for Terminating "With Cause"
ISBN 0-9744486-4-8
Robert Papaj
http://www.rampant-books.com/book_2005_1_firing.htm |
