# Is this a provable Constructive Dismissal?

**URL:** <https://boards.straightdope.com/t/is-this-a-provable-constructive-dismissal/981174>\
**Category:** In My Humble Opinion\
**Created:** [March 14, 2023, 3:10pm UTC](https://boards.straightdope.com/t/is-this-a-provable-constructive-dismissal/981174 "2023-03-14T15:10:31Z")\
**Posts on this page:** 1\
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**Author:** ![AHunter3](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ahunter3/32/368_2.png) [@AHunter3](https://boards.straightdope.com/u/AHunter3)\
**Post date:** [March 14, 2023, 3:25pm UTC](https://boards.straightdope.com/t/is-this-a-provable-constructive-dismissal/981174/2 "2023-03-14T15:25:11Z")

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I think “provable” is the wrong word in this context. Assuming her employer claims she quit, the onus will be on her to _convince_ the Dept of Labor courtroom folks that it was a constructive termination. It may take multiple iterations with appeals of prior rulings. That was my experience and my employer was pretty blatant and obnoxious about it – here’s my own tale:

> [@Wish me luck. Hearing before Dept of Labor tomorrow, seeking Unemp benefits.](https://boards.straightdope.com/t/wish-me-luck-hearing-before-dept-of-labor-tomorrow-seeking-unemp-benefits/504374):
>
> No details tonight, but I promise to describe the whole sorry mess after the hearing. Former employer has sought to deny me unemployment benefits (and DOL stopped sending them immediately pending outcome of all this), DOL initially found in their favor, tomorrow is the hearing.

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