I wasn’t commenting on that case. Constructive dismissal is irrelevant in that instance if you have been let go since you don’t have to prove that your job was changed if it no longer exists.
Also, it is perfectly legal to terminate someone in most of the US under a restructure.
My original response was just pointing out that proving constructive dismissal doesn’t have to do with the intent of the employer, merely the effect of those actions. In your original example the employer can’t pretend that asking someone to commute to Alaska three days a week is reasonable and therefore they weren’t fired without cause when they refuse to do that.
Also, it is perfectly legal to terminate someone in most of the US under a restructure.
My original response was just pointing out that proving constructive dismissal doesn’t have to do with the intent of the employer, merely the effect of those actions. In your original example the employer can’t pretend that asking someone to commute to Alaska three days a week is reasonable and therefore they weren’t fired without cause when they refuse to do that.