Common Claims In Constructive Discharge
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What Is Constructive Discharge?
Constructive discharge occurs when an employee voluntarily quits a job because of working conditions. The working conditions are typically so bad that the employee feels forced to permanently leave the workplace. So the employer forced the employee out. In many instances, a former employee may have grounds for a wrongful termination claim.
What is Voluntary Termination?
Voluntary termination occurs when an employee decides to suddenly leave a job. It doesn’t require leaving because of working conditions, but factors like accepting a new job or returning to school.
What is Wrongful Termination?
Wrongful termination is the improper firing or termination of an employee. The employee did nothing wrong to get fired.
What Do I Have to Prove to Win a Constructive Discharge Claim?
To prove a constructive discharge, an individual must show:
- The employee was subjected to either illegal treatment or work conditions
- The employee complained about the work conditions to a supervisor, boss, or human resource personnel, but nothing changed
- The type of mistreatment was so bad any employee would quit rather than continue working
- The employee quit because of the mistreatment
What are Common Wrongful Discharged Claims I Can Use in a Constructive Discharge Case?
Some common wrongful termination claims include:
- Retaliation: The employer forced the employee to quit because of complaints about the illegal working conditions.
- Discrimination: The employer treats the employee differently because of race, gender, ethnicity, color, or sexual orientation.
- Harassment: The employer or co-worker created a hostile work environment for the employee
- Breach of Contract: The employee’s employment contract includes a clause that prohibits termination for anything other than good cause.
Do I Need to Talk to a Lawyer about Constructive Termination?
Yes, consult an employment lawyer about constructive termination. The lawyer will advise you of your rights and possible defenses your employer may have.
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Last Modified: 03-09-2016 12:07 PM PST
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