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How does "constructive discharge" work?
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How does "constructive discharge" work?

My friend wants to quit her job of almost two years because lately they have become almost abusive in the office. She rarely gets any break in a nine hour day and when she does it's only about 15 or 20 mins so she barely has time to eat-- and that's if she's lucky! She's brought this to their attention and done everything possible to change this but they just keep making promises they don't keep. She isn't permitted any sick or vacation days so she's gotten to the point where she literally can't take it anymore. Unfotunately, with the economy being the way it is, she doesn't want to quit without knowing that she has a case for unemployment. Someone recommended that she claim "constructive discharge" which means that her work enviornment became intolerable to the point where she HAD to quit. My question is, how does all this work and how can she find out how strong of a case she has? Her worry is that she'll quit and be unable to get unemployment. Is there any way to find out what her chances are of collecting? NJ labor laws only discuss harassment and hazards, what about abuse as far as denying employees breaks or lunch? Thanks!


    




rwa000
Rating
you are not going to want to hear this, there is no federal law that mandates breaks and on a few states do, NJ is not one of them, as far as quitting because of it she will not be able to collect unemployment, so there really is no harassment


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