Ms. Jones had been facing harassment at her workplace. Her supervisors were sexually harassing her by talking about sex and stuff in front of her. Ms. Jones was very disturbed by the behavior of her supervisors. She contacted the EEO Officer to complain about the issue. EEO Officer gave her number to Ms. Jones for discussion about the issue but none of them followed the instructions. After some months, Ms. Jones again contacted EEO Officer who instructed her to file a complaint but she didn’t file a complaint. She was arrested by the supervisor on the suspicion of theft of Police property at the barrack. She resigned from the job which can be considered a constructive discharge or dismissal. The elements of constructive dismissal that she may claim for are:

 

  • The resignation of Ms. Jones was induced by the actions and activities of supervisors at the workplace. These actions were so intolerable for her that she had to quit her job. The actions of supervisors were violating the workplace policies.
  • She was facing unpleasant and intolerable work conditions that forced her to resign from the job.
  • The supervisors also knew that their actions were disturbing Ms. Jones but they didn’t stop

Ms. Jones had also removed some proficiency tests from the Police Databases because she thought that her supervisors were lying to her about the tests. She did this due to her frustration. Another thing that makes the case suspicious is that she was arrested only two days after she planned to file a complaint against her supervisors. All of these conditions forced her to constructively discharge herself from the job due to the behavior and actions of the supervisors.

 

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