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  1. #1
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    Sep 2016
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    Default Is it a Constructive Discharge to be Asked to Help an Employer Commit Fraud

    If an employer is committing fraudulent acts, and instructs an employee to perform tasks that help it perpetrate the fraud, can the employee claim to have been constructively discharged from the job, under New York law?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Is it a Constructive Discharge to be Asked to Help an Employer Commit Fraud

    No, that is not a constructive discharge, although it may be just cause to quit while still qualifying for unemployment.

    The employee should consult a plaintiff-side employment lawyer with the full facts, and should consider whether they should become a whistleblower by bringing the wrongful conduct to the attention of an oversight agency.

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