In some cases, workplace harassment may be so intolerable that an employee is left with no recourse but to quit his or her job. In these cases, the employee may have a strong claim for constructive discharge. The following are some of the frequently asked questions our lawyers encounter when it comes to constructive discharge claims. Remember that these questions are not designed to replace the one-on-one advice that you would receive from an attorney. For a free phone consultation, call the attorneys at the New York law firm of Fisher Taubenfeld LLP at 646-741-3490.
When does constructive discharge occur? 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.
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 had no choice but to quit your job.
Contact Us With Your Constructive Discharge And Employment Law Questions
We are here to answer any questions you may have concerning constructive discharge and employment law. Call us at 646-741-3490 or toll-free 866-654-0343 for a free phone consultation. You may also send an email directly through our website.