Reference no: EM132293056
Read the case below and answer the question:
In August of 2007, the employee, a 25-year-old female, answered a newspaper advertisement and accepted a full-time clerical role at an hourly wage with health-care benefits available after 90 days of employment. The employee had previous continuous employment of at least three years with no history of involuntary discharge or performance issues. The employer, a small corporation, employed 25 workers who manufactured and sold chemical products. The company was managed by the founding individual (president), his spouse (vice-president), and a close friend. No formal human resources, legal, or accounting functions existed in house and no documented human resources policies or procedures were communicated or available to employees. The company and employees did not engage in collective bargaining. The president delivered a satisfactory performance appraisal to the employee with a corresponding $1.50 per hour raise in January of 2008. The employee, at that time, declined health insurance coverage. In November of 2008, the employee submitted a vacation request form to the vice president for signature. She also requested two hours to be taken the following day. The vice president approved and signed the form and returned a copy to the employee. During this exchange, the employee told the vice president that the vacation time was for a prenatal doctor visit. The next day, during a routine meeting between the president and the employee, the president placed the original vacation request form in front of the employee and accused the employee of forging the vice president’s signature approval. The employee denied the accusation and the discussion escalated to shouting. The employee left the office without permission for the remainder of the day—two hours prior to closing. The next morning, the employee returned and worked the full day with no reference to the incident. The employee arrived at work the following morning to find that her office had been locked. The vice president told the employee that she had quit, therefore she should leave the building. The employee calmly denied quitting, took a seat in the lobby, and indicated that she would work from there if her office was unavailable. The employer called the sheriff, who escorted the employee from the building. The employee did not pursue unemployment benefits and found other employment within 30 days.
1. What potential liability does the employer have for compensation?
2. Could this be viewed as a constructive discharge?