unbearable atmosphere

[sandi1271]

What is the name of your state? Florida. I'm not sure if this comes under discrimination, however, I'm sure that I'm being harassed to quit the "job". Presently, I am working in a mom and pop business. The environment is becoming vulgar and hostile. There's bad mouthing, a lack of integrity, together with employees and management, not a drug free workplace, and no loyalty or moral support from owners of company who operate the business. I discussed these issues with the owner, whom would prefer to put their heads in the sand. My background was secretarial and real estate. I had to transition to another type of work because I had cancer and needed to survive and spent the last 4.5 years at this company and now I'm over 50. Recently, changes in this company evolved to primarily mother and daughter employees and potential family. I am the only one without a family member involved in the operation of this business. Last year, the owner wanted to put me on unemployment with a good reference, however,the owners changed their minds, they fired one gal, badmouthing her and transferred me over to another location. I am seeking better work as I wanted to leave this company as gracefully as possible---don't think that might happen. Have been reading about constructive discharge. Will "constructive discharge" help me? Does Florida law recognize a constructive discharge? There's more... I do have a credible working history in professional settings. I've worked many years with dignity and integrity until now. Would appreciate feedback. Thank you.

 

[BelizeBreeze]

If you want to leave then give proper notice and find a new job. There is no law stipulating that your co-workers or bosses must be nice or acceed to your idea of a good work enviornment.

 

[Beth3]

Constructive discharge is not a tort in and of itself. It applies when one's working conditions have been made so intolerable that a reasonable person would have no other options but to quit when the intolerable working conditions are due to an employee's membership in a protected class (age, race, gender, national origin, religion, etc.) or because the employee has exercised a protected right (filing a worker's comp claim, taking FMLA leave, etc.)

What you describe sounds like a miserable work environment but nothing in your post indicates you are being singled out for a prohibited reason. It's not unlawful for company owners to be poor managers, lack personal integrity, treat employees poorly because they're jerks, etc. Your recourse in that situation is to find another job and quit this one asap.

Good luck.

 

[cbg]

Based on what is in your post, no, constructive discharge is not going to help you. You have a constructive discharge when you are being subjected to either sexual harassment or illegal discrimination (which based on your post you are not); the company is refusing to take any action and the environment is so unbearable that NO reasonable employee would have any option except to quit.

You are not, by your post, being subjected to illegal behavior. I am more sympathetic to your situation than it may appear, having been in a similar situation, but I just don't see any legal issues here. While I agree that it's definitely an unpleasant environment, there is no evidence in your post that anything ILLEGAL is transpiring, and that's what you need for a contructive discharge. If you were to quit now, you would not be eligible for unemployment. Your best bet is going to be to find other employment as quickly as possible, and get out of there.

 

[gog8tors]

Just curious re "not a drug free environment". Since all the other employees are "family" (and assuming that illegal drug abuse was widespread) would the fear of being arrested and the possibility of becoming an outcast in her church community be a consideration?

Based on what is in your post, no, constructive discharge is not going to help you. You have a constructive discharge when you are being subjected to either sexual harassment or illegal discrimination (which based on your post you are not); the company is refusing to take any action and the environment is so unbearable that NO reasonable employee would have any option except to quit.

You are not, by your post, being subjected to illegal behavior. I am more sympathetic to your situation than it may appear, having been in a similar situation, but I just don't see any legal issues here. While I agree that it's definitely an unpleasant environment, there is no evidence in your post that anything ILLEGAL is transpiring, and that's what you need for a contructive discharge. If you were to quit now, you would not be eligible for unemployment. Your best bet is going to be to find other employment as quickly as possible, and get out of there.

 

[cbg]

There is no reason to assume,based on the facts in her post, that the poster would be in danger of being arrested or made an outcast in her church community - or, for that matter, that she even has a church community. She doesn't mention one.

 

[I AM ALWAYS LIABLE]

My response:

Someone in this thread needs to attend "Bible Thumpers Anonymous."

IAAL