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  1. #1
    Join Date
    Dec 2005
    Location
    Virginia
    Posts
    5

    Default Constructive Discharge in Virginia

    Does anyone know anything about constructive discharge in the state of Virginia?

    Constructive Discharge: occurs when an employer makes working conditions so intolerable that an employee has no choice but to resign.

    In my case, they aren't making things intolerable so much as they are taking away different rights to do different taks a little at a time. This is a govt contractor that I work for and they just recently did background checks and mine was one that came back as being 'tagged'. They kept a few of us that are now classified as 'unsuitable' because they feel that we are very knowledgable and are hard workers. (so they say)

    Within the last month, they have been receiving emails & phone calls from the govt agency wanting to know what our company is doing to guarantee that the 'unsuitables' aren't accessing their system that contains confidential information. When it's all said and done, I think they will end up releasing all of us just so they don't have to answer these types of questions. Why they haven't done it yet, I don't know but again, little by little they are taking away other duties that don't even have to do with the accessing the agencies system/information.

    Would this possibly be Constructive Discharge which would fall under Wrongful Termination?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default

    You haven't resigned, have you?

  3. #3
    Join Date
    Dec 2005
    Location
    Virginia
    Posts
    5

    Default

    Not yet...

  4. #4
    Join Date
    Jul 2005
    Location
    Texas
    Posts
    254

    Default

    Would this possibly be Constructive Discharge which would fall under Wrongful Termination?[/quote]

    What you described doesn't even come close to the definition of Constructive Discharge:

    "Occurs when an employer imposes intolerable working conditions that foreseeably would compel a reasonable employee to quit, whether or not the employer specifically intended to force the employee’s resignation. Employee is entitled to remedies as if terminated. Constructive discharge can mean prohibited harassment or discriminatory/retaliatory working assignments or conditions."

    Your background check came back with some unfavorable information. If your position requires a secret clearance or higher---thats a requirement of the position and the company is under no obligation to keep you employed. This company isn't doing anything illegal based on your post.

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