“Constructive Termination” Defined Clause Samples
The "Constructive Termination" clause defines the circumstances under which an employee's resignation is treated as a termination by the employer, even if the employee technically resigns. Typically, this applies when the employer makes significant, unfavorable changes to the employee's job—such as reducing salary, demoting the employee, or relocating them without consent—prompting the employee to resign. The core function of this clause is to protect employees from being forced out through adverse changes, ensuring they retain certain rights and benefits as if they had been terminated without cause.
“Constructive Termination” Defined. “Constructive Termination” shall mean, the occurrence of one or more of the following events without Employee’s consent, provided that Employee first gives the Company written notice of her intention to terminate and of the grounds for such termination within ninety (90) days of the initial occurrence of such event, the Company has not cured such event within thirty (30) days of its receipt of such notice, and Employee actually terminates her employment for such reason within thirty (30) days of the Company’s failure to cure:
“Constructive Termination” Defined. “Constructive Termination” shall mean:
“Constructive Termination” Defined. Employee shall be deemed to have been constructively terminated by the Company upon the occurrence of any of the following events:
a. The assignment to Employee of duties materially and adversely inconsistent with Employee’s positions at Kaiser as a leased employee as of the effective date of this Agreement. This includes a change in reporting responsibilities, authority including title, or responsibilities; provided, however, a lateral transfer within Kaiser or to an Affiliate shall not be deemed a constructive termination;
b. Any requirement that Employee permanently relocate to an office more than 50 miles from the then location to which he is assigned as of the effective date of this Agreement; and/or
c. Any failure to provide Employee with compensation and benefits in the aggregate on terms that are not materially less favorable than those enjoyed by Employee under this Agreement as of the effective date of this Agreement, or the subsequent taking of any action that would materially reduce any of Employee’s compensation and benefits in effect as of the date of this Agreement unless such compensation and benefits are substantially equally reduced for executive officers of the Company as a group (as measured by a percentage) or there is less than a ten percent (10%) reduction in compensation or benefits. then, at Employee’s option, exercisable within ninety (90) days of the date Employee knew, or should have known exercising reasonable care, of the occurrence of any of the foregoing events and the expiration of any applicable cure period, Employee shall have the right to terminate his employment by written notice to the Company, and on the date of such termination the Company will pay Employee the compensation and benefits described in Paragraph 11 below.
“Constructive Termination” Defined. For purposes of this ---------------------------------- Agreement, a "Constructive Termination" event means one or more of the following events:
(a) Company reduces the salary of Employee provided for in Section 5.1. hereof;
(b) Company materially reduces the Employee's title or scope of responsibility as set forth herein; or
(c) Company requires Employee to relocate to a permanent Company location more than 30 miles from the Company's current headquarters at ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇; or
(d) a material breach by the Company of its obligations under this Agreement that is not cured within thirty (30) days following receipt of written notice specifying such breach.
“Constructive Termination” Defined. For the purposes of this ---------------------------------- Agreement, any of the following events or conditions which occur and are not cured by @Home within thirty (30) days after @Home's receipt of ▇▇▇▇'▇ written notice (the "Notice") of their occurrence will be considered to constitute "Constructive Termination" of ▇▇▇▇ and will be deemed to terminate the Agreement on the date which is thirty (30) days after @Home's receipt of such Notice:
(a) a change in ▇▇▇▇'▇ status, title, position or responsibilities (including reporting responsibilities) that, in ▇▇▇▇'▇ reasonable judgment, represents a substantial reduction of status, title, position or responsibilities as in effect immediately prior thereto; the assignment to ▇▇▇▇ of any duties or responsibilities that, in ▇▇▇▇'▇ reasonable judgment, are materially inconsistent with such status, title, position or responsibilities; or any removal of ▇▇▇▇ from or failure to reappoint or reelect ▇▇▇▇ to any such status, title, position or responsibilities, except in connection with the termination of ▇▇▇▇'▇ employment for Cause, for ▇▇▇▇'▇ disability or death or on account of ▇▇▇▇'▇ voluntary resignation of his status, title, position, responsibilities or employment; provided that for purposes of all of the foregoing, any change in status, title, position or responsibilities as in effect prior to the Effective Date shall not be considered to be Constructive Termination;
(b) a reduction in ▇▇▇▇'▇ Base Salary without ▇▇▇▇'▇ consent;
(c) requiring ▇▇▇▇ (without ▇▇▇▇'▇ consent) to be based at any place outside a thirty-five (35) mile radius of his place of employment as of the Effective Date, except for reasonably required travel related to his employment;
(d) Home's failure to continue in effect any material compensation or benefit plan, program or practice (or the substantial equivalent thereof) in which ▇▇▇▇ was participating as of the Effective Date; or
(e) Home's failure to continue in effect any material compensation or benefit plan, program or practice (or the substantial equivalent thereof) in which ▇▇▇▇ will participate after the Effective Date.