Tag - forced resignation

Strong Words by the Employer Do not Necessarily Result in Constructive Dismissal

Strong words alone cannot make the employment of employee unbearable. In short, they do not necessarily amount to constructive dismissal. Constructive dismissal exists if an act of clear discrimination, insensibility, or disdain by an employer becomes so unbearable on the part of the employee that it could foreclose any choice by him or her except to forego his or her continued employment. The test for determining if an employee was constructively dismissed is whether a reasonable person in the employee’s position [...]

Resignation and Execution of Quitclaim as Defense in an Illegal Dismissal Case Should Comply with Legal Requirements

Resignation is the voluntary act of an employee who is in a situation where one believes that personal reasons cannot be sacrificed in favor of the exigency of the service, and one has no other choice but to dissociate oneself from employment. It is a formal pronouncement or relinquishment of an office, with the intention of relinquishing the office accompanied by the act of relinquishment. As the intent to relinquish must concur with the overt act of relinquishment, the [...]

Resignation: Requisites for Vitiation of Consent; Sample Documents to Protect Employer from Spurious Claims

Resignation is the voluntary act of an employee who is in a situation where one believes that personal reasons cannot be sacrificed in favor of the exigency of the service, and one has no other choice but to dissociate oneself from employment. It is a formal pronouncement or relinquishment of an office, with the intention of relinquishing the office accompanied by the act of relinquishment. As the intent to relinquish must concur with the overt act of relinquishment, the [...]

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