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Corporate Glossary: every Friday, learn the secret meaning of common corporate words
âTheyâre trying to discharge her constructively. Do you know what Constructive Discharge means?â She asked.
As soon as I heard the term âConstructive Discharge,â I knew Iâd never seen it on a vocabulary quiz.
âNo. What does it mean?â I asked.
She explained.
âConstructive discharge is a fancy way of saying âbeing forced out.â Itâs not good. And if youâre not a lawyer or in human resources, youâll probably learn what it means when itâs happening to you.â
âOh my God. Iâve seen this my entire career and never knew it even had a name.â I thought.
Youâve seen constructive Discharge too. You may have experienced it. Weâve all made choices to avoid it.
Constructive discharge defined
âWe canât fire you, but weâll make you so miserable youâll quit, and then we wonât have to pay your unemployment.â
Then thereâs the textbook definition:
âA constructive discharge occurs when your employer has made working conditions unbearable, forcing you to resign.â
Or as one person put it.
âI didnât get handed a pink slip, but when youâre not wanted, people have a way of letting you know.â
HR isnât always the secret police.
Employees arenât always victims of evil-doers.
However, employers push employees out all the time to maintain and protect the, âWe didnât do anything wrong, YOU did,â power structure.
Constructive Discharge looks like this:
â Meeting invitations slow to a trickle, and youâre excluded from emails and generally looped out of whatâs going on.
â People stop talking to you or stop talking when you walk in.
â Your emails donât get answers, or they arrive too late to be of value.
â Suddenly, your work is not good enough, though nothing about your work has changed.
â Reviews, once good or even glowing, are now mediocre or bad.
â Instead of a bonus, you get a Performance Improvement Plan.
â Warnings and write-ups start so they can justify your eventual termination with documentation of your âpoor performanceâ
â Your work, clients, assignments go away, or they overwhelm you with work.
â The words âSet up to failâ were practically invented to describe this scenario.
Constructive Discharge is illegal
It isnât easy to prove youâre a target, and itâs even more challenging if you donât even know constructive discharge is a real thing.
If youâve ever experienced this and donât fully understand whatâs happening to you beyond knowing youâre in the process of being excommunicated, it can be hell. Itâs not uncommon for the experience to leave long-lasting scars.
Talk to anyone whoâs ever been through it. Theyâll tell you.
Knowing constructive discharge exists and how itâs used gives you power to predict whatâs coming and to protect yourself.
Seeing the endgame helps you in two ways.
You know what to expect. Having a sense of whatâs 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 employerâs endgame.
Remember, theyâre almost certainly building a case to fire you in the event the hellscape they create for you doesnât persuade you to quit.
If youâre 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.
Youâre not crazy, incompetent, or a failure. This is real and itâs 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.
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