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Defining “Constructive Discharge”

August 23rd, 2017
constructive discharge

When an employee resigns from a job because the working conditions are unbearable for some reason, it is known as constructive discharge. A constructive discharge – also known as constructive dismissal and constructive termination – can be a reasonable choice if the employee believes there is no other option but to quit. The courts have recognized several cases where employees left intolerable work situations for discrimination in the following areas:

Many employees are naturally upset after having to face this discrimination, but a strong claim must be supported by the following factors:

  • The employee complained to management or human resources, but the treatment or conditions continued
  • The employee was subjected to illegal working conditions or treatment – such as sexual harassment, or a lack of workplace safety
  • The conditions were so unbearable that any reasonable person would choose to quit

If you are currently working in a hostile work environment, it would be wise to speak to an attorney to determine if the conditions warrant a constructive discharge. If you have already quit or have been coerced into quitting, you will need strong representation. The Philadelphia sexual harassment lawyers at The Gold Law Firm P.C. can guide you in making the best decisions and protecting your workplace rights. Please call 215-569-1999, or contact us online for a free consultation.

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