https://en.wikipedia.org/wiki/Constructive_dismissal
If I've heard of this angle, I assume that lawyers know many angles that may apply.
The key to constructive dismissal is that a reasonable person would have to find the new conditions intolerable and it has to constitute some form of discrimination (e.g. not a change in company policy, but a targeted attack that discriminates against you). So given that most people commute to work, you couldn't argue that it was intolerable to be asked to commute to work.
If you wake up one day to an e-mail from your employer that you, and you alone, need to relocate to their new office in a small town in Alaska for no good reason, you'd have a good case for constructive dismissal.
However if the company changes their policy and applies it equally to everyone requiring employees within 50 miles of an office come in (the case with this RTO move) then you don't have a valid case for a constructive dismissal lawsuit.
that's what the severace packages are for. There's not a lot of people being dumped that wouldn't take 3-6 months of pay in advance in exchange for not being able to engage in a length lawsuit with a trillion dollar corporation.
As long as it isn’t discriminatory, since 49 of the 50 states are at will employment, you can be let go at anytime for any reason or no reason.
It might come into play with unemployment insurance but the weekly amount is so low it’s laughable.
Montana is the exception, passing a "Wrongful Discharge" law in 1987
Talk. To. A. Lawyer.
Isn't that better than us random Internet people telling them -- although we think something shitty is going on -- they definitely don't have a case, and they definitely shouldn't talk to a lawyer? (For all we know, an actual lawyer might tell them that they actually do have a case.)
A case for what unless it’s discriminatory. Your employer doesn’t have to justify letting you go - at all.
Even looking at your citation, it shows that constructive dismissal is only actionable if you can show that they made working conditions harder and they were targeting you under a law meant to protect you against discrimination
Companies have been giving employees an ultimatum between “relocate or quit” forever.
