Full question:
My employer told me (in interview and throughout the employment) I would receive, in addition to an hourly wage, a 'nice check' every six months based on the profits of the company. The first 'six month' check was terrific, the second one was, I was told at the time, based on my performance, which apparently had not been to their liking. My employer told me one thing during the interview regarding my pay, then changed the parameters without telling me. I quit a day later because I can't live on the small hourly wage. My question is: do I have much of a case for unemployment compensation? I have filed a UC claim but was denied, I'd like to appeal if I have a chance.
- Category: Employment
- Subcategory: Benefits
- Date:
- State: Florida
Answer:
It will likely be a matter of subjective determination for the board, based on all the facts and circumstances involved, whether the conditions amounted to a constructive discharge.
A constructive discharge is a claim made when working conditions are so intolerable that no reasonable person could be expected to continue employment there. Generally, it requires proof of conditions that would prevent someone from taking the position in the first place.
To prove a constructive discharge, most courts require proof that:
-the terms and conditions of employment were so difficult or unpleasant that a reasonable person would have felt compelled to quit;
-the employer was the cause of the difficult or unpleasant conditions; and
-the possibility of the employee quitting was a foreseeable result of the difficult or unpleasant conditions.
Some courts also require proof that the employer intended for the employee to quit. To prove that your reasons for leaving are compelling, you may need something like a medical or psychological recommendation that supports the claim that the workplace stress is too severe for you to stay. Generally, an employer may change a policy as long as it's not in violation of a union or employment contract and not based on discrimination against age, race, religion, nationality handicap, etc. If the change in commissions was across the board and not contrary to an employment contract with conflicting terms, it will be a matter of personal judgment whether to continue employment.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
