“They’re Trying To Discharge Her Constructively. Do You Know What Constructive Discharge Means?”

What I Learned Watching a Co-Worker Get Forced Out
Medium
Corporate Glossary: every Friday, learn the secret meaning of common corporate words

“They’re trying to discharge her constructively. Do you know what Constructive Discharge means?” She asked.

As soon as I heard the term ‘Constructive Discharge,’ I knew I’d never seen it on a vocabulary quiz.

“No. What does it mean?” I asked.

She explained.

“Constructive discharge is a fancy way of saying “being forced out.” It’s not good. And if you’re not a lawyer or in human resources, you’ll probably learn what it means when it’s happening to you.”

“Oh my God. I’ve seen this my entire career and never knew it even had a name.” I thought.

You’ve seen constructive Discharge too. You may have experienced it. We’ve all made choices to avoid it.

Constructive discharge defined

“We can’t fire you, but we’ll make you so miserable you’ll quit, and then we won’t have to pay your unemployment.”

Then there’s the textbook definition:

“A constructive discharge occurs when your employer has made working conditions unbearable, forcing you to resign.”

Or as one person put it.

“I didn’t get handed a pink slip, but when you’re not wanted, people have a way of letting you know.”

HR isn’t always the secret police.

Employees aren’t always victims of evil-doers.

However, employers push employees out all the time to maintain and protect the, “We didn’t do anything wrong, YOU did,” power structure.

Constructive Discharge looks like this:

— Meeting invitations slow to a trickle, and you’re excluded from emails and generally looped out of what’s going on.

— People stop talking to you or stop talking when you walk in.

— Your emails don’t get answers, or they arrive too late to be of value.

— Suddenly, your work is not good enough, though nothing about your work has changed.

— Reviews, once good or even glowing, are now mediocre or bad.

— Instead of a bonus, you get a Performance Improvement Plan.

— Warnings and write-ups start so they can justify your eventual termination with documentation of your “poor performance”

— Your work, clients, assignments go away, or they overwhelm you with work.

— The words “Set up to fail” were practically invented to describe this scenario.

Constructive Discharge is illegal

It isn’t easy to prove you’re a target, and it’s even more challenging if you don’t even know constructive discharge is a real thing.

If you’ve ever experienced this and don’t fully understand what’s happening to you beyond knowing you’re in the process of being excommunicated, it can be hell. It’s not uncommon for the experience to leave long-lasting scars.

Talk to anyone who’s ever been through it. They’ll tell you.

Knowing constructive discharge exists and how it’s used gives you power to predict what’s coming and to protect yourself.

Seeing the endgame helps you in two ways.

You know what to expect. Having a sense of what’s coming next is enormously empowering. You can go on the offensive and protect yourself. Constructive discharge works to crush your ego, making you feel you did something wrong and deserve this treatment.

Without strategy, you end up being a miserable pawn in your employer’s endgame.

Remember, they’re almost certainly building a case to fire you in the event the hellscape they create for you doesn’t persuade you to quit.

If you’re getting pushed out, and you know what to look for you can prove constructive discharge and you can get unemployment benefits, be released from payback obligations on a signing bonus, and protect your mental health.

You’re not crazy, incompetent, or a failure. This is real and it’s carefully executed to leave you holding the bag and feeling like you did something wrong.

If they force you out, in addition to feeling horrible, you lose your paycheck, benefits health insurance, and possibly owe them money.

More Posts from Gendhb and Others

1 year ago

I feel like I should make a post about this because it’s not something that’s very well-known, and that Americans in particular may need to know about given the uncertain state of our healthcare system at the moment. I’ve wanted to write this out for a while, It’s kind of a long post, so sorry about that!

If you have an emergency and have to go to the hospital, you’ll owe the hospital a lot of money. (I got into a car wreck and broke my ankle and my arm. My hospital bill was around $20,000)

You’ll also owe the ambulance provider, if you need one. (My ambulance bill was about $800)

You may get separate bills from the anesthesiologist or surgeon. (My anesthesiologist bill was $1,700)

You may need follow-up appointments. (My orthopedic surgeon billed me for the appointments and his surgery together and it was about $1,000)

You’ve also got to pay for medical equipment you need afterward, like crutches or a walking boot. (Mine cost about $75)

Altogether, I ended up with almost $24,000 in medical debt from one car accident. That’s a really scary number for someone like me who makes $10/hr at a 12 hour a week job.

I got my debt down to $1075 by making some phone calls and submitting some paperwork.

The first thing I did was contact the hospital. They don’t make it easy to find, but many hospitals (perhaps most hospitals?) have financial assistance programs for people who can’t afford medical bills. I don’t make a lot of money, and I have bills to pay, so they were able to help me. I called the billing department and asked if they had any assistance programs for low income people who can’t pay their bills. I had to call multiple times, and I got transferred in circles by people who didn’t know what I was talking about. Finally, I got an appointment with someone in “Eligibility Services” (I don’t know what other hospitals call it, if it’s something different). I had to bring my pay stubs and copies of all of my bills. When I got to the hospital for the appointment, nobody knew what I was talking about so I had to wander a little to find where I needed to go. I spoke with the guy in Eligibility Services, and I waited for a decision on how much of the bill they would forgive. A month later, I got a call telling me it was totally forgiven.

I did the same thing for my ambulance bill and my anesthesiologist, but the process was a LOT easier. I just had to mail some paperwork and it was totally forgiven.

I didn’t bother with the medical equipment suppliers, since the bills came from separate companies and I didn’t feel like going through the process twice for $75. I was assured at the hospital that they had similar programs for debt forgiveness, so I could have probably avoided paying that too.

The only thing I couldn’t get taken care of was the surgeon/follow-up appointment cost, but they were able to put me on a no-interest payment plan.

Medical debt is scary because it’s something that can come from stuff that’s already really scary. I didn’t need the burden of $24,000 in debt on top of trying to get around on a crutch with a broken arm (it’s not easy, believe me!).. but I can’t imagine what it would be like with a bigger debt or a more severe medical emergency. I see lots of people in even worse trouble than I was in, both financially and medically. Please know that there are options for you when that GoFundMe doesn’t do enough. Even if your income is higher than mine, it’s worth a shot even for partial debt forgiveness.


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2 years ago
FINALLY POSTING THIS HERE!!!!!!
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and also my redbubble:

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reblogs are appreciated!!! ty!!

2 years ago

REBLOG IF YOU'RE A DRAGON

1 year ago

so i study decolonization, as in i studied it as part of my degree, and i thought I'd make a list of some readings/films that might offer additional insight about decolonization (it also helps if you're tired of the christian moralistic thinking)

occupation 101 (can be found on youtube i believe, it's about the history between isreal and palestine, it focuses on palestinians and it is quite comprehensive. there's live footage, there's interviews with palestinian children, etc. it's a must watch i think, regarding palestine. it points the finger squarely at the united states.)

the wretched of the earth, franz fanon. fanon is really well known in the decolonization sphere because he writes about it in a very succinct and clear way. to him, decolonization can never occur peacefully, and i think that's a really important key lesson. he also talks about how colonizers don't just take land, they reframe ideas, they take language, art, thoughts.

the battle of algiers, 1966. this is a fascinating film, it's sort of a documentary, they got the actual people to play their parts. it describes and interviews the main individuals involved in the fight for independence within Algiers. i think understanding how a nation can gain independence over its colonial forces is really important in the grand scheme of decolonialism.

unthinking eurocentrism. if you can get your hands on it, i love this text. it's so poignant and it lays everything out so clearly and it really shows how we center our worlds around eurocentrism and westernism.


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2 years ago

TUMBLRWOMAN 2023 Finals

TUMBLRWOMAN 2023 Finals

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2 years ago
gendhb - Untitled
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2 years ago

do you see this shit my liege

2 years ago
Varsity Level Tweet

Varsity level tweet

11 months ago
'Cinema Futura' Movie Theater - Zhongshan, China (2014)
'Cinema Futura' Movie Theater - Zhongshan, China (2014)
'Cinema Futura' Movie Theater - Zhongshan, China (2014)
'Cinema Futura' Movie Theater - Zhongshan, China (2014)
'Cinema Futura' Movie Theater - Zhongshan, China (2014)
'Cinema Futura' Movie Theater - Zhongshan, China (2014)
'Cinema Futura' Movie Theater - Zhongshan, China (2014)
'Cinema Futura' Movie Theater - Zhongshan, China (2014)
'Cinema Futura' Movie Theater - Zhongshan, China (2014)
'Cinema Futura' Movie Theater - Zhongshan, China (2014)
'Cinema Futura' Movie Theater - Zhongshan, China (2014)
'Cinema Futura' Movie Theater - Zhongshan, China (2014)
'Cinema Futura' Movie Theater - Zhongshan, China (2014)

'Cinema Futura' movie theater - Zhongshan, China (2014)

Designed by Alexander Wong

"Вased on futurism and inspired by classic sci-fi movies like Ridley Scott's Alien and James Cameron's Avatar, the design attempts to create the first sci-fi cinema in Zhongshan, China. The 36,800-square-foot interior is a complex composition of organic design elements that create original forms. These forms are custom made with fiberglass molds, bold colors, and dynamic lighting to produce a futuristic ambience.

At the entrance, one immediately arrives at the Plaza Pandora, a surrealistic biosphere with an organic ceiling supported by double-layered spiraling columns with an outer skin inspired by DNA strands called chromosome columns and the movie Alien. Here, one will also notice the white leaf-like patterns on the floor with matching metallic pendant lights swirling dynamically above. The plaza is encompassed by the sensual forms of the Pandora Box Office and Bar Pandora where moviegoers can buy tickets and popcorn to begin their unique journey into movie fantasy. Our inspiration here is nature itself. Nature is filled with the most complex geometrical shapes imaginable. In terms of this complexity and the sophistication of our universe in its entirety, sci-fi and futurism only reflect a tiny fraction. We are deeply inspired, or quite simply, in awe of nature. It is the source of all art forms, including architecture and spatial design."

Scanned from the book, Archiphantasy by Alexander Wong (2019)


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