Re: Confused about Constructive Discharge.

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On 10/18/07, Zara wrote:
> 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.

Be very cautious who you devulge information too about your
mental state of mind. Also consider some form of counseling to
help you deal with your anxiety. Also, view the following link:

http://www.dol.gov/esa/whd/fmla/