Attorneys at Law

Be Informed.

Be informed.

What is Constructive Discharge?

If you are being victimized by any type of inappropriate behavior in the workplace, you need to speak with a Conshohocken employment lawyer.  Many people believe they have an employment law case only if they are terminated from their job or only if they are the victim of obvious and overt discrimination by an employer. The reality, however, is there are many situations where employers may be in violation of state and federal civil rights laws and many situations where workers who are mistreated in the workplace can get compensation for the damage that they have endured.  One example is in situations where constructive discharge occurs. 

If you are being treated unfairly in your workplace or if you suspect that your employer is in violation of any anti-discrimination laws, laws protecting whistleblowers, or laws prohibiting harassment, you need to take action.

Curley & Rothman, LLC understands the employment laws that protect workers and we provide representation to people who have been unfairly treated in the workplace. We also represent employers and advise them on how to reduce their risk of litigation and how to defend the company against accusations brought by employees.

To learn more about how we can help and to get an evaluation of your specific legal issues related to employment laws and constructive discharge, give us a call today to speak with a Conshohocken employment lawyer.

What is Constructive Discharge?

Workers are protected from many different kinds of wrongful behavior in the workplace. For example, it is unlawful for an employer to overtly discriminate but it is also unlawful for an employer to engage in disparate impact discrimination. If a test or a job qualification affects a protected class (like a particular race or religion of people), this can be a form of unlawful discrimination that can lead to legal action. Likewise, if a hostile work environment is created by co-workers or peers, this can be considered an actionable violation of civil rights laws.

Many people who are treated inappropriately at work end up being fired because of the unfair and unjust actions of employers. This can include not only employees who are discriminated against and who are fired because of their protected status (like someone fired because of his religious practices), but also people who are fired for taking leave under the Family and Medical Leave Act, for reporting a work injury, for making workers' compensation claims, or for being whistleblowers.

Obviously, when you are fired or not promoted because of your protected status, because you took leave, because you reported wrongdoing, or because you took benefits you were entitled to, this is a situation where you have suffered losses and should make an employment discrimination claim.  Many employees, however, are not certain what their rights are if they are forced to quit a job because they aren't being treated right.

If you have to quit a job because you are being harmed by overt or covert discrimination, because you are being harassed, or because co-workers and bosses are completing an unsafe and hostile work environment, this is considered constructive discharge.

According to the Equal Opportunity Employment Commission: "Discriminatory practices under the laws EEOC enforces also include constructive discharge or forcing an employee to resign by making the work environment so intolerable a reasonable person would not be able to stay."

You can pursue a claim against an employer for constructive discharge, just as you would if you had actually been fired instead of being effectively forced to resign from your job.  You should be entitled to receive damages that you would receive for wrongful termination when constructive discharge occurs.

A Conshohocken Employment Lawyer Can Help After Constructive Discharge

Proving your right to compensation in cases of constructive discharge can be complicated, as you need to be able to convincingly show that conditions in the worksite or behavior of employers was the cause of your leaving the company.  The more solid your evidence, the stronger your case and the more likely it is that you will be fully compensated for the losses resulting from being forced to quit your job.

Curley & Rothman, LLC has helped many clients to make successful constructive discharge claims. We also assist employers when employees are alleging constructive discharge has occurred, as well as helping employers to craft policies that will reduce the chances of a claim of constructive discharge.

To learn more about how we can help in constructive discharge cases, give us a call at 610-834-8819 or contact us today to schedule your consultation.

Employment LawScott Rothman