What is Constructive Discharge? Constructive discharge is where an employee quits work for good cause. However, most courts are reluctant to find that an employee was constructively discharged. The standard is usually that no reasonable employee would have tolerated the conditions of employment. A humiliating demotion, punitive transfer or hostility toward you are among the types of changes that might entitle you to claim constructive discharge after you resign. For example, if you resign because of intolerable discrimination or sexual harassment, or because your employer transferred or demoted you to an undesirable position in retaliation for reporting a wrongdoing, your immediate, resulting resignation might constitute constructive discharge. Our experienced New York Employment Attorneys have seen many cases of extreme harassment that did not constitute constructive discharge by the employer.
We advise that you don’t quit.
Instead you should
- Look for another job,
- Complain to HR – and put it in writing, and
- Contact us – our experienced New York Employment Lawyers can help!
Remember, just because your employment situation is bad, it does not mean that you were constructively discharged. If a court determines that you quit - and did not suffer constructive discharge - your employment case may be dead in the water. We strongly advise you to contact an employment lawyer, well versed in constructive discharge and to stick it out at work until we develop a plan for your departure. Your job matters and you deserve to work in a discrimination and intimidation free workplace. Contact our employment lawyers today for help.