Related to earlier question about use of"F" word by a "boss", Couldn't this also be a "CONSTRUCTIVE DISCHARGE

Question

When you are FORCED out of your job, couldn't that also be considered a "Constructive Dischargfe"?

I just asked a question re a boss who uses the "F" word incessantly. Let me clarifty. This is a Professional Office. There are 14 people under this man. He uses the "F" word to aggravate people. It is not a matter of "freedom of speech". He just likes to rub people the wrong way. (He is related to the manager of the company.) I'm no lawyer but I thought there was such a thing as "Constructive Discharge"
(Every morning,
"How the F are ya? Where's the f ing report I told you to have ready? this coffee tastes like f g dirt! Hey you. bring that f ng file here..f'g women are stupid and crybabies....did my f wife call?get your f g backside over here right now! and on and on.)
(Note: I told her to tape him)

Answer 1

you have the right idea, but wrong legal concept. It could be considered sexual harassment, but more likely, "a hostile work environment."

Consider this: Never never never underestimate the pettiness of management.

Answer 2

Tapes are not admissible in courts but may help if she brings it to human resources.
No one should have to listen to rude and inappropriate verbal behavior but if he's got ties to other people in higher places whoever rats him out may get hurt because of this. If you/she has a compliance number you/she can call and call it in anonymously that would be better. There are compliance rules of conduct that most businesses use. The best idea is to call the compliance number if there is one. If not than talk to human resources. Tape him first. The human resource person may not appreciate the tape because it may be against some civil right but make sure she has everything in a written/typed letter and a copy of the tape. In the letter write down what he says, how it makes you/her feel and what it is doing to slow down productivity. If you can make it into a petition all the better but it may get to her boss before she can get it to human resources. Whatever she does she may be labeled as an instigator and have an under the table (rumored) stigma against her while she works for the company. The best thing is to call compliance hot line if there is one where she works! No one should have to put up with that behavior at work!!!!!

I like this excert:
Like Take action.
If you are an employee, you can report your concerns to your supervisor, or human resources department. You can also get advice from your employee assistance program (EAP) if you have one. Find out if you have a violence prevention program in your workplace and what you should do -- if not, encourage your employer to develop one.

Answer 3

Yes, it could be constructive discharge.
However, if your friend quits it will a lot harder for her to sue.
I would suggest she immediately contact the EEOC, and file a complaint.

Answer 4

He's not forcing you out of your job. The more people quit, the more he will understand that he needs to watch his mouth. Now if he is not the owner then tell the owner. So "F" you. I'm so sorry that everyone is sooo sensative and get their feelings hurt because some "F"ing moron felt like saying the "F" word alot.

Answer 5

It all depends on the employment laws in your state. Contact your state's employment commission and ask them.