Re: Confused about Constructive Discharge.

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On 10/18/07, Terry wrote:
> On 10/18/07, Zara wrote:
>> VA is an at-will state but the management (I feel) is
>> basically trying to make me quit instead of fire me - when
>> they met with me about some issues with my work I told
>> them that my depression has been increasingly bad since
>> the sudden death of my brother but I am working with it
>> and to let me have a couple of weeks to work with the new
>> medication. They told me I need to check my
>> grief/depression at the door since they have a business to
>> run. After that time I was given no direction, am not
>> updated on current projects and I am making mistakes
>> because I am not being told what exactly it is that I need
>> to improve on. I asked my boss to meet with me but he
>> kept putting me off. Then my father died.
>> I came back from leave to a brand new project starting and
>> after 1 week was asked about something that had a deadline
>> but I didn't have it because I wasn't on the email, nor
>> did my supervisor bother to update me on what was going
>> on. During these few months, a woman in the same position
>> doing the same job has not been reprimanded. There is no
>> proof that the problems caused are my errors
>> specifically. I have basically been ignored since I told
>> the bosses about my depression. I was called in the other
>> day right after my father died to be given a performance
>> progress stipulation. My boss said he wanted to get this
>> going "before I used depression to get myself out of being
>> fired". I feel like they are setting me up to be fired
>> but know that could potentially quit so they wouldn't
>> either have a suit against them or give me a payout.
>> If I quit, would this be considered constructive
>> discharge? I feel like I am being retaliated against but
>> I know that is a very general term.
>>
>> thanks so much
>>
> Losing your focus for a period of time following losses such
> as you have experienced is not at all unusual but your
> employer is not required to be kind or understanding.
> Whether there is a "legal angle" to your situation depends
> upon what you mean by depression and what your boss's
> understanding of what you mean by that is.
>
> Have you been diagnosed with depression by a medical
> professionial or do you mean you are depressed in the non-
> medical meaning of that word, which is that you are
> naturally feeling very down following the loss of your
> father and brother? It would also be very helpful to know
> whether your company has 50 or more employees.

Hi Terry,
yes, I was diagnosed with depression and under the care of a
psychiatrist and using medication to control it before my
brother died. Also, after I told them about my depression and
their subsequent ignoring me then reprimanding me, I was
having horrible problems with anxiety attacks and the
medication had to be altered to help it. I am having the same
anxiety attacks now. I know it sounds crazy but I feel like
they are aware of what triggers them and acts on it.

I simply told them about the depression to let them know I was
working hard to control it.
Our company is very small but has over 50 employees.

Thank you.