As for Chuck Huber, If he never gets another position ... If one must audition for every new assignment, hard to argue constructive dismissal (I don't even know if Texas recognizes constructive dismissal)
Here's what
LexisNexis (Archive) has to say on the subject:
If you quit your job under any of the following scenarios, then you may have a Constructive Discharge case when filing for unemployment:
1. You were the victim of sexual harassment by your supervisor or boss;
2. You were the victim of sexual harassment by a co-worker and complained to management, but it failed to take steps to fix the problem, which then continued;
3. You were treated badly at work, and it was made clear that the mistreatment had come about because you were disliked because of your age, sex, race, national origin,
religious beliefs, or disability;
4. You made a reasonable complaint that you believed you were being treated badly because of your age, sex, race, etc., management responded ineffectively and the environment became even more hostile. This is known as an unlawful retaliation claim.
5. You took leave under FMLA, sought overtime to which you believed you were entitled, sought a reasonable accommodation under ADA or filed a workers' compensation claim -- and thereafter were retaliated against by your employer via mistreatment, change of duties, etc.
6. You made a whistleblower complaint and were thereafter subjected to a hostile work atmosphere.
I emphasized a part of point 3 and all of point 6 for a simple reason. Vic may have a claim of constructive discharge because the hostile work environment targeted his religious beliefs. I am unsure if he made a reasonable complaint to management (in which case, it would be unlawful retaliation instead) of Funimation. Either way, Vic has Funi by the balls here.
As for Huber himself, because he made the affidavit to Ty if Sabat makes his life a living hell in retaliation (and he will as he is exceptional like that), then he can file for retaliation himself against the company.
