Constructive Discharge Laws
Just to make sure we are perfectly set in our case, we need to consider if the employee offered us an alternative that we rejected. If the employee did, we can cite the case of Ansonia Board of Education v Philbrook. The heart of this case is similar to ours, excepting that the employee offered a reasonable alternative to the employer. Very similar to the previous cases, the court sided with the employer. The employer has to make a suggestion of reasonable alternative – it does not have to accept a proposed alternative from the employee.
In summary, if this should go to trial we need to document several things. We need to document when the employee resigned if we were given reason. We need to document any alternatives proposed by the employee and we need to document what alternatives we as a company proposed. Provided we suggested any reasonable alternatives, regardless of whether the employee accepted them (and the employee clearly did not accept them!), then we are in the clear. For this case, legally, we need to make certain we have these items and we can likely either get the case thrown out, based on the legal precedent previously established and sue for our attorney fees. If we choose to just make the case “go away” without