Hearing the words “you’re fired” or receiving
the pink slip are the two things that are commonly associated with termination.
Unsurprisingly, this is one of the most inevitable episodes of one’s
employment, especially if the individual is found to have violated one or many
of the policies of the company. Frequent absences or excessive tardiness, poor
work performance, and other similar reasons often result in an employee getting
terminated.
However, there are instances wherein the
reason for an employee’s termination is considered illegal under the prevailing
employment and labor laws. Even with the “at will” employment doctrine applied,
in which an employee can be fired at any time with or without reason, a covered
employer must not make the decision based on what is prohibited under such laws
as the Title VII of the Civil Rights Act of 1964, Age Discrimination in
Employment Act (ADEA), Americans with Disabilities Act (ADA), and others.
Wrongful termination is what happens in these
kinds of instances. An employer is guilty of such if its decision to fire an
employee is based on what is deemed illegal under the law or under certain
policies which are considered within the society as morally wrong. For the most
part, the decision is carried out to the employee either verbally or in
writing.
But then, there is also another form of
wrongful termination that is very much different in the way it is carried out.
Instead of handing it down to the affected employee via verbal reminder or in
writing, the employer subjects him or her to unbearable working conditions,
also popularly known as “hostile work environment.” This is called constructive discharge.
Here, the employee is forced to quit his or
her job because of the hostile working environment within the workplace. The
employer, who should have been responsible in addressing the workplace
situation, kept it as it is until it grew worse to the point that the employee
has no other recourse but to resign from his or her job position.
No matter how many times an employee wants to
have his or her employer to put an end on all of this, the discrimination,
harassment, or retaliation continues on until the employer quits. Because it is
technically not voluntary, it is
considered termination, without the employer uttering the words “you’re fired”
or even handing the individual a termination letter.
But just like any other victim of wrongful
termination, someone who has been subjected to constructive dismissal in
employment is entitled to file legal claims against his or her employer.
However, it is important for the individual to understand certain instances
which warrants a claim for constructive discharge. These include the following:
- Sexual harassment by the boss, manager, supervisor, or any other immediate superior;
- Continuous maltreatment of an employee on the basis of his or her age, race, sex, national origin, religion, disability, or any other protected characteristic defined under federal and state employment and labor laws;
- Employer retaliation as a result of an employee’s exercise of protected activity such as filing a discrimination or harassment complaint with the appropriate agency or filing a complaint of an employer’s illegal activity with a government or law enforcement agency; or
- Change in duties or continued maltreatment because an employee filed for a leave of absence under the Family and Medical Leave Act (FMLA) or any other similar state laws.
Meanwhile, if you quit your job because of an
alleged hostile work environment, it is important that you seek legal
assistance immediately. Speaking with a Los
Angeles wrongful termination lawyer helps you determine if you have a
constructive discharge claim against your employer.
