We Protect Workers

Can an employer legally make you quit by mistreating you?

Workplace contentment for employees generally starts with their employer. A conscientious employer will work to help ensure the entire staff is happy and well-treated. Unfortunately, not everyone who is in a position of authority cares about how they treat their workers.

For example, some employers don’t mind breaking the law to force out an unwanted worker. They believe they can get around discrimination and harassment laws to get rid of unwanted employees without facing legal consequences.

Wrongful termination through constructive dismissal

It is called constructive dismissal when employers make working conditions so intolerable the employee must quit to preserve their well-being. Typically, leaving a job voluntarily means you cannot take legal action against an employer. However, if your boss breaks anti-discrimination or harassment laws to make you quit, it may be a case of wrongful termination.

Examples of intolerable working conditions include when an employer:

  • Allows or participates in persistent physical or psychological bullying and harassment
  • Allows or participates in sexual harassment
  • Forces you to work in unsafe conditions
  • Makes unreasonable schedule changes
  • Unreasonably reduces your rate of pay
  • Allows or participates in workplace discrimination (age, race, religion, etc.)
  • Demands your participation in criminal activities

You must prove you were the target of mistreatment in the workplace to have a valid constructive discharge claim. It will substantially support your claim if a reasonable person would consider what you suffered to be mistreatment.

Wrongful termination through constructive discharge is difficult to prove but not impossible. Having experienced legal guidance can put you in a better position to succeed with your claim.