Constructive Termination and How Does it Relate to Wrongful Termination
There is no reason that you should have to put up with abuse and harassment at work, but sometimes it happens. When this occurs, employees may feel forced to resign from their jobs rather than endure the abuse or harassment any longer. In these cases, they might be able to file a lawsuit against their employer for constructive termination. This is a very difficult standard to meet, so you should seek the assistance of a wrongful termination lawyer if you believe you have a case.
Constructive discharge is a legal term that refers to a situation in which an employee quits his or her job because of intolerable working conditions. While this concept arose out of unions, it can also apply to situations involving non-union workers. However, in the context of an at-will employment relationship (as most non-union employees are), you must have a strong argument to prove that your working conditions were intolerable enough to warrant resignation.
This is not always an easy task, as the courts will view your circumstances through a “reasonable person” lens. Consequently, it is often challenging to convince 9 out of 12 jurors that your working conditions were so intolerable as to warrant a resignation. Moreover, you must prove that your employer was aware of the intolerable working conditions and either intentionally created them or knew that they existed.
What is Constructive Termination and How Does it Relate to Wrongful Termination?
Nevertheless, some examples of intolerable working conditions are relatively obvious, such as demeaning or humiliating treatment, long-term unsafe work conditions, being demoted to a lower-paying position, or reassignment to menial or degrading duties. More subtle forms of intolerable working conditions might include being asked to perform illegal activities, retaliation for exercising an employee’s rights in the workplace (such as reporting sexually offensive behavior or discriminatory conduct), or harassment calculated to encourage a resignation.
An experienced wrongful termination attorney will know how to evaluate the strength of your claim in light of all these factors. Among other things, your lawyer will consider how long the intolerable working conditions existed, whether you reported them to someone in authority, and any time gaps between when your employer’s alleged misconduct occurred and when you quit.
While resigning from your job can help you avoid a lawsuit against your employer for wrongful termination, it can also delay your ability to qualify for unemployment benefits. Furthermore, by resigning, you give up your right to sue your employer for wrongful termination or other retaliatory actions that might have led you to quit.
If you are in a situation where you have been subjected to abusive or intolerable working conditions, the Smithey Law Group LLC can help. Contact us to discuss your claim with one of our wrongful termination lawyers today. We understand the ins and outs of this complex area of employment law, so you can be confident you will receive the best advice possible. We will fight tirelessly to protect your rights. We offer free consultations and flexible hours to accommodate your schedule.
