PHR Human Resources

Category - PHR

Mike recently resigned from his job for a major corporate publisher. During his exit interview, Mike tells his HR representative that his reason for resigning is due to his direct supervisor, who, for the past three months, has been extremely hostile, did not provide proper instruction for completing work assignments, gave him menial work tasks, and reprimanded him in front of other co-workers. 

Mike may be able to take legal action based upon what precedent?
  1. Employment-at-will
  2. Fraudulent misrepresentation
  3. Constructive discharge
  4. Fair Employment Standards
Explanation
Answer: C - Mike may be able to take legal action based upon the idea of constructive discharge.

Key Takeaway: Constructive discharge (also called constructive dismissal) occurs when an employee resigns due to poor behavior on the part of their employer. The resigning employee must provide proof that the behavior was unlawful or was a breach of contract. Usually, a constructive dismissal allows the employee to make claims against the employer.
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