Unbearable Working Conditions: Understanding Constructive Discharge

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.

Wrongful Termination Claim: When Must It Be Filed

Wrongful termination is not an uncommon issue in the realm of employment in California. Most of the times, such incidents go against the exceptions to the at-will employment rule (i.e. employers can fire workers with or without any reason). Indeed, an employee is said to have been wrongfully discharged from work if any of the following exceptions take place:

·         Public policy violation. An employee who files a worker’s compensation claim or refuses to take part in an illegal activity cannot be terminated for doing so. Otherwise, it is a violation of public policy.

·         Implied contract. An employee who is told verbally about long-term employment with his or her employer has an implied contract. Terminating him or her at will goes against the said contract, thus can be a grounds for wrongful dismissal.

·         Written contract. An employee who has signed a written contract with the employer can only be fired in accordance to the terms and conditions stated within the contract. Any decision to terminate him or her is a violation of the written contract’s terms and condition, thus allowing him or her to establish a claim of wrongful termination.

·         Covenant of good faith. An employee who is fired despite him or her performing well in his or her job is a breach to the covenant of good faith, and thus a form of illegal dismissal.

·         Constructive discharge. Getting fired doesn’t always mean receiving termination papers. There are instances wherein an employee who feels that the hostile and abusive working conditions or environment is too much for him or her to handle that he or she has no other choice but to resign. This is called constructive discharge, and it can be grounds for filing a claim.

If you believe you have been wrongfully terminated, it is important that you hire an employment attorney so that you may be able to establish a lawsuit. Because the victim of such an unfair workplace treatment usually carries a burden of proof, you need an expert lawyer to establish that proof and present evidence in your claim.

Meanwhile, here are some other things to consider aside from taking:

·         If your employer did terminated you on illegal grounds, then you need to first exhaust administrative remedies before you could retain legal counsel from a reputable wrongful termination lawyer. In particular, you need to file a complaint with an agency who handles employment cases, such as the Equal Employment Opportunity Commission (EEOC) or the California Fair Employment and Housing Act (FEHA).

·         While you are dealing with your claim with either agency or with your attorney, you need to find a new job. It may not be required, but it helps if the damages you incurred are reduced.