this post was submitted on 15 Jan 2024
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This is a clear example of constructive dismissal
Constructive dismissal isn’t illegal, it merely allows the employees to receive benefits and make claims as though they had been dismissed. California is an at-will employment state, so unless these employees have contracts stating otherwise (including the employee handbook, unless it has verbiage stating it is not legally binding), their dismissal is legal.
Apple is giving each employee who chooses to resign a $12.5k severance package. Assuming Apple doesn’t plan on fighting any unemployment claims made by these employees, what else you think they would be able to get after a successful lawsuit?
I don't understand what kind of magic bullet people think a constructive discharge lawsuit is or what kind of powerful uno reverse card it would be. Winning a constructive discharge lawsuit is basically being legally fired instead of quiting...they'd probably get less from that lawsuit (not even counting the time and legal fees) than if they just accepted Apples package. What is a constructive discharge lawsuit supposed to do here?