New York Employment Discrimination And Constructive Discharge
In some cases, workplace harassment becomes so intolerable that an employee is left with no recourse but to quit their job. When this happens, there may be a strong claim for constructive discharge.
Our New York City employment law attorneys at Fisher | Taubenfeld LLP are fierce litigators and staunch advocates for those who have been unfairly treated in the workplace. If conditions at your place of employment became so intolerable that you had no choice but to quit, they can assess your potential claims and provide legal guidance and advice regarding your rights and possible next steps.
Constructive Discharge Defined
Constructive discharge occurs when working conditions have become so intolerable that any reasonable person would feel compelled to quit. In some cases, an employee may be forced out. For example, a manager may attempt to make working conditions so miserable that a person is left with no choice but to leave. Constructive discharge may also occur when working conditions are unsafe or because of ongoing harassment.
Frequently Asked Questions About Constructive Discharge
As dedicated employment law attorneys, our litigators are often asked the same questions. Here, they answer some of the questions they are regularly asked about constructive discharge. But it is important to remember that every case is different. If you have questions about your specific situation, they offer a one-on-one confidential and free phone consultation.
When does an employee have a claim for constructive discharge?
You may have a claim for constructive discharge if your work environment becomes intolerable due to discrimination, harassment or other severe issues, forcing you to resign or quit. However, you must be able to show that the situation became so unbearable that a reasonable person in your position would feel compelled to leave.
For example, if you quit your job because you were dealing with ongoing discrimination based on your race or were suffering in a hostile work environment, you may have a constructive discharge claim. Or perhaps you quit because you were repeatedly sexually harassed and your employer failed to address your complaints; you might have grounds for a claim. An experienced workplace discrimination lawyer can help determine if your circumstances meet the criteria for constructive discharge under New York law.
How can a former employee make a claim for constructive discharge?
To make a claim for constructive discharge, you will have to prove that your work environment became intolerable and you were forced to quit. There are several steps you can take to help your case, including:
- Document all of the incidents that contributed to your decision to resign
- Keep records of emails, texts and any complaints you made to your employer
- Consult an experienced employment law attorney who can help you assess your potential claims
It’s crucial to show that the environment was intolerable and that you tried to resolve the issues before leaving.
The working conditions at my job were insane, so I up and quit. Can I bring a constructive discharge claim?
Probably not. As noted above, conditions must be so bad that a reasonable person would feel no choice but to quit. Most reasonable people would feel compelled to address the issues before walking away. If complaints were never conveyed to a manager or a supervisor, you will have a difficult time proving constructive discharge.
If I quit because of impossible working conditions, am I still eligible for unemployment benefits?
In general, if an employee can show “good cause” for quitting a job, they will be eligible for unemployment. However, doing so will likely require a hearing in front of the unemployment agency, where you will have to make a strong claim. It is always important to seek legal counsel to determine your options if you believe you have no choice but to quit your job.
Schedule A Free Consultation To Discuss A Potential Constructive Discharge Claim
Our employment law attorneys are available to answer any questions you may have concerning employment law and your potential constructive discharge claim. To schedule a free phone consultation, call us at 646-741-3490 or toll-free 866-654-0343. You can also reach us by sending a message through our website.