New Jersey Constructive Discharge Lawyer
When faced with persistent illegal discrimination or harassment at work, many people simply choose to quit rather than continuing to deal with the stress and humiliation. But does quitting mean you forfeit your right to take legal action against your employer? No. In fact, even if you quit your job, you can still claim you were wrongfully terminated and recover damages in a court of law.
Under the law, a “constructive discharge” or constructive termination occurs when an employee is effectively forced to quit due to intolerable working conditions. If a person can prove constructive discharge, then the law essentially treats it the same as if they were fired. This means the employer can still be held liable for the discriminatory or other illegal acts that led to the constructive discharge in the first place. At Poulos LoPiccolo PC, our experienced New Jersey constructive discharge lawyers can assist you in building and proving your constructive discharge case and seeking the compensation you are entitled to under the law.
Are You Suffering From Intolerable Working Conditions?
The legal concept of a constructive discharge has its origins in the labor union movement. During the 1930s, federal regulators determined that some employers went too far in discouraging unionization efforts by making working conditions so intolerable that unionized employees would simply quit. Today, federal and state law has expanded the idea of constructive discharge to protect employees who face harassment and discrimination at work even outside of the union context.
The key to any constructive discharge claim is proving the employee quit because of “intolerable working conditions.” This is not simply a case of an employee leaving because they disliked their boss or even that they were treated poorly at work. The legal standard is whether the employer intentionally created–or knowingly permitted–intolerable conditions that would force a “reasonable person” to resign under similar circumstances. The employee’s resignation must be a direct result of these intolerable conditions. If you quit for other personal reasons, you likely do not have a viable constructive discharge claim.
A common example of intolerable working conditions involves sexual harassment. If an employee is subject to persistent and repeated harassment at work on the basis of sex and the employer takes no steps to correct the problem–even when clearly notified–that can qualify as an intolerable working condition justifying a constructive discharge. Similarly, if an employer engages in a campaign of retaliation against an employee who complains about workplace harassment, that can also support a potential constructive discharge claim.
New Jersey Constructive Discharge Lawyers Serving Ocean, Monmouth & Middlesex County
If your working conditions have deteriorated to the point where you feel the need to leave, the first thing you should do is contact an experienced New Jersey constructive discharge lawyer. At Poulos LoPiccolo PC we can help walk through your situation and advise you on the best strategy for moving forward with any potential legal claims. Contact us today to schedule an initial consultation.