LABOR UNDER FIRE
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Labor Under Fire does not give any form of legal advice but is offered as a means for an employee and/or employer to research labor problems  present to a considered legal action.   Labor Under Fire advises all employee's to contact a Labor lawyer, to obtain legal advise and/or guidance for any labor problems.  Labor Under Fire conceders the employer to already to have an attorney on retainer.
Tims Missouri Employment Law
By Attorney Tim Willoughby

http://www.timslaw.com
WHATS UP
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IS A ST. LOUIS STREET NEWS PUBLICATION DISTRIBUTED BY AND FOR THE HOMELESS AND DISADVANTAGED

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LABOR UNDER FIRE CODE OF ETHICS
"It is not a matter of right or wrong, it is not a matter of moral or immoral but a matter of manipulation".
Feb. 11, 2003
By
Anthony M. Streckfuss
CONSTRUCTIVE DISCHARGE
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Constructive Discharge:  The act of an employee terminating employment under such conditions of harassment by the employer or management that any reasonable person should not have to endure.  Could be viewed as employer's harassment, discrimination or retaliation.

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Also See: 
Discrimination / Employer-Employee Relations / Ethics / Harassment  Retaliation / Whistle Blower
"Constructive Discharge" is a legal term meaning that you actually quit your job, but the court might treat the resignation as if you were fired without good cause (which is important).  But be careful.

Quick Introduction:  I hope this will give you a better understanding of the following things:


TimsLaw.com
"Constructive Discharge"

Can an employee quit his or her job and then file a wrongful discharge against the employer?  As odd as this may seem, it can be done.


Constructive Discharge
Abrupt Dismissal Stuns Employee

Dear Joan:  Earlier this year I worked in the marketing      department of a local industry.  The CEO came up with an innovative project which I was to spearhead.  I was taken off my regular job and placed exclusively on the project - until it got off the ground and I would manage both the regular job and project.


Joan Lloyd at Work
Constructive Discharges

I thought you might be interested in this, and some of you may have already known it: the central question in a constructive discharge case is whether the employer, through its unlawful discriminatory behavior, made the      employee's working conditions so difficult that any reasonable person in the employee's position would feel compelled to resign.  The EEO Commission has adopted a 3-prong test for establishing a constructive discharge.


EEO Home
Federal Judge Dismisses Constructive Discharge Claim

An alleged decision by the New York City office of a multi state corporation to engage in discriminatory practices does not fall within city and state human rights laws unless the impact is felt within the city or state, a Southern District judge has ruled.

U.S. District Judge Barbara S. Jones dismissed the complaint of a Massachusetts woman who claimed she was fired from her job as a sole recruiter in the Boston office of a New York City-based placement firm because she was pregnant.


Constructive Discharge??
What Is Constructive Discharge?

Intolerable conditions may yield claims for constructive discharge.


When a person quits her job rather than put up with sexual harassment, she may have a claim for constructive discharge.  Most courts say that if a supervisor deliberately makes working conditions so intolerable that a reasonable person would be forced to resign, then that person will be treated as if she had been fired, and she can bring an action against the company.


Constructive Discharge?
I JUST GOT FIRED FROM MY JOB. CAN MY EMPLOYER FIRE ME FOR NO APPARENT REASON?

In most states of the United States all employees are considered "at-will" employees.  That means that the employer can terminate or change the employment relationship "at-will" unless there is a contract with the employer.  In general, an employer can fire an "at-will" employee, or change the employee's position or compensation with no notice and no reason.  Likewise, the employee can terminate his employment "at-will" without notice or reason.


Free Advice
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How the following stories and articles rate by LUF:

*                                         A must read for the employee easy to understand and read
**
                                    Helpful but needs something more                                      
***
                              You  will have to reread to follow                                         
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                            This will puts you to sleep, dry boring                                  
*****
                        Time to go to college                                                                 *************************************************
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