Constructive Dismissal and Employee Rights

An employer may try to get rid of you by making working conditions so bad that you are forced to quit. Constructive dismissal is when you leave a job because of a hostile environment or coercion.

If you were forced out of your job by constructive termination, you may be able to file a wrongful termination case against the employer. Talk to an experienced employment lawyer about your legal rights.

What Is Constructive Dismissal?

Constructive discharge is when an employee leaves a job because of a hostile work environment or intolerable working conditions. Even if you did not plan to retire or resign from a job, the terrible working conditions may leave you with no other option.

Most jobs in the U.S. are at-will — meaning you or your employer can terminate the employment relationship for any reason. However, an employer cannot fire you based on illegal discrimination or harassment. If you have an employment contract, your employer may have limited grounds to terminate you.

If your boss wants you to leave but can’t fire you, they may try to get you to leave on your own. This can include making changes to the job or working environment to force you to leave. Violating your employment rights by creating intolerable working conditions is wrongful dismissal.

Can You Sue for Constructive Dismissal if You Quit?

In a constructive dismissal case, you may have already given notice or quit your job. You can still sue your employer for illegal discrimination or harassment even if you leave the job. Your employer may still be liable for harassment, just as if they’d fired you. If you are facing hostile working conditions or coercion to leave, talk to an employment law attorney about your rights.

What Are Signs of Constructive Discharge?

Some jobs have harsh working conditions. However, there is a difference between bad working conditions and intolerable conditions created by your employer to get you to quit. Signs of possible constructive discharge may include:

• Sudden changes in your performance reviews
• Decrease in compensation and benefits
• Demotion
• Excessive changes in shifts and hours
• Ignoring working environment complaints
• Harassment and discrimination
• Changing job duties
• Changes in working location

What Are the Legal Protections for Employees?

There are several state and federal legal protections for employees. Employers cannot discriminate against employees on the basis of a protected class. This includes discrimination based on age, sex, race, religion, and other types of discrimination.

Workers are also protected against unlawful retaliation. Whistleblower laws protect employees who are constructively dismissed. This includes workers who report illegal activity, sexual harassment, workplace discrimination, or worker safety violations.

Contract laws may also protect you if you have a contract with the employer. If your employer’s actions force you to quit, that may violate the terms of the employment contract. You may be able to recover damages based on the contract.

How Do You Prove Constructive Dismissal?

To prove constructive dismissal, you have to show that your employer created working conditions that were so intolerable that a reasonable person would have no option but to quit. In a civil lawsuit, you have the burden of proof. You have to prove to the jury that the job conditions were intolerable, repeated, and aggravating enough that you had to quit.

Bad working conditions are not always enough to prove unfair dismissal. Instead, the employer creates or permits an intolerable working environment. This generally involves making significant changes to a job that create a continuing pattern of bad working conditions.

What Legal Defenses Can the Employer Claim?

Your employer may try to counter your claim of wrongful dismissal. They can try to show the conditions were not that bad or that a reasonable employee wouldn’t leave based on the employer’s conduct. For example, they could claim that you never reported the intolerable working conditions. They could also try to show that you put up with the substantial changes in the job for months or longer, which could hurt your case.

How Do You File a Constructive Discharge Complaint?

If you were wrongfully terminated for an illegal reason, you may be able to file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC investigates cases of employment discrimination and harassment. The EEOC often uses mediation to try to resolve employment violation cases. The EEOC can also prosecute violations of your employment rights.

If the EEOC does not settle the case, your attorney can file a constructive dismissal claim in court. If you were fired based on a violation of your employment contract, an employment lawyer can file a civil lawsuit for breach of contract.

An experienced employment lawyer can review your case and give you legal advice on how to recover compensation.