I have seen on multiple occasions through the years employers making the big mistake of acting defensively and not terminating someone for whom they have cause when they should. Instead, they keep that person around either because they feel bad, don't like confrontation, are afraid of litigation, or to develop more cause. Or they try to get the employee to leave on his or her own. Then, in order to help the employee decide on his or her own to leave, the employers do things like reassigning the employee's good customers or accounts if the employee is on commission, giving the employee a smaller office on a different floor or in another out of the way location, imposing more rigorous reporting or administrative obligations on the employee or just making the employment experience for the employee more unpleasant in general. None of these things are good ideas and I have seen more than once these types of actions by an employer result in viable constructive termination or retaliation claims.
September 28, 2011