Transcript:
00:00:00
So that’s a very good question. First, before we get into the meat of the facts that would give rise to a constructive discharge, let’s understand what that term is. A constructive discharge is a work environment that is made so intolerable that you as an employee have no choice but to quit. And it could take many forms. It could be a compilation of various actions or behaviors towards you that really make your life so miserable that you have no choice but to quit.
00:00:30
Courts deem that to be a very high burden to prove as a plaintiff, as an employee plaintiff.
00:00:36
So, you know, it requires you to show that because of all the things that have been taken against you and the behaviors that you’ve been subjected to, and despite the fact that you have complained and you’ve sought redress from either human resources or your supervisor or some other individual, that nothing has changed, that you are left with no choice but to quit in order to save yourself from this bad situation.
00:01:01
And so that’s what a constructive discharge is. What would that be? So if, for example, you have made disclosures to your supervisor about unlawful or unwanted conduct, and then all of a sudden your workload suddenly increases and you are ostracized from your coworkers, you’re put into a separate isolated corner of the office.
00:01:24
and there’s no opportunity to communicate, that would give rise to potentially an intolerable working environment. It’s important you consult with an employment lawyer to flesh out all the facts of the situation that you’re put in to determine whether or not you would have a case for constructive discharge.
00:01:41
Now, traditionally, the one last thing I would say about this is that in the context of a sexual harassment case where an employee goes to the office day in and day out and is subjected to ridicule, to sexual advances, sexist comments, unwanted touching, that could give rise to an intolerable working environment because the employee may be complaining to the supervisor, but nothing is done. Or they go to HR and nothing is done.
00:02:07
And so in that scenario, it could rise to the level of a constructive discharge and you may have rights. I would encourage you to speak with a lawyer, come to Eric Siegel Law. We’d be happy to work it through with you.
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