2 Scholarly Sources Student Constructive Discharg

Respond to each student with 300 word count. and 2 scholarly sources

Student 1 Ericka

In this case the employee resigned due to the circulation of a negative performance appraisal on social media to employees within the organization, which would be considered defamation of character if the negative appraisal was not warranted and because this is not only against company policy, but a breach on the employees’ privacy as well (Walsh, 2016). The employee was successful at contesting one negative appraisal after reporting a violation of federal regulations proving a retaliation case, so this second negative appraisal, although done by a different employee, shows the retaliation likely continued. Since the employee resigned because of the retaliation and libel, the employee can likely prove a constructive discharge occurred. The employee’s case for retaliation due to her whistleblowing and the libel she faced as well is strong in this situation.

An employee’s rights pertaining to whistleblowing in the private sector are not well drawn out, but more recently corporations have developed policies protecting against retaliation towards whistleblowers to help not only save the corporations money by being informed when federal regulations are being violated, but to protect the employees as well (Dixon, 2016). The first negative performance appraisal on the employee was rescinded due to the apparent bias the supervisor held from the whistleblowing of the employee, so appointing a lower level employee to perform a performance appraisal does not take attention off the supervisor in this case. This is an obvious retaliation against the employee and protections against retaliation or whistleblowing have been violated in this case.

Also, the information on the negative performance appraisal was likely false and circulated on social media to the employees within the organization, which opens a case for defamation of character in the written form or libel (Browne-Barbour, 2015). The circulation of the performance appraisal not only caused humiliation to the employee, but performance appraisals are supposed to be private, so the reasonable expectation of privacy the employee had in this case for privacy was violated as well when the libel occurred (Walsh, 2016). The supervisor appointed this individual to do the performance appraisal, which again was negative and then the employee distributed a negative and likely defaming performance appraisal through social medical causing humiliation or the constructive discharge of the employee. The employee will likely be awarded a court appearance due to the retaliation for whistleblowing and the circulation of the performance appraisal or libel.

Student 2 Tiffany Scott

The employee does have a case for constructive discharge. When an employee files a constructive discharge claim, they must be able to provide pertinent information to prove such. “A constructive discharge claim is important to both the employees and the employer, because succeeding on a constructive discharge claim increases the potential scope of damages the employee may recover, and the potential scope of liability against the employer (Crumpacker and Crumpacker, 2007). An employee who files such claim is subject to receive back pay if they can’t present information to the court proving constructive discharge. Constructive discharge is when an employee is forced to resign due to intolerable working conditions (Walsh, 2016). The court system will hear this case because this can also be considered wrongful termination under the circumstances which forced the employee to part ways with the employer. The employee was simply doing their job when reporting the violation of federal regulations to her supervisor. As a result they were faced with performance appraisals after receiving the first; it was withdrawn due to the employee becoming vocal. The second appraisal was humiliating because it was all over social media, this caused the employee to become emotionally disturbed to the extent she could no face her colleagues as she felt forced to submit her resignation as a result. When a person submit a case for constructive discharge, it is treated as if the person was fired, as the person feel as if they have been driven to end their employment ( Sanchez, 2015). Constructive discharge started to worsen following the employees evaluation circulation on social media