What is Constructive Discharge?

An employer does not necessarily need to fire an employee in order to be liable in a lawsuit. In some cases, the employee may feel the need to resign because of a hostile work environment created by the employer. Here, the resignation is not entirely voluntary. In many senses, the employee was pushed to leave their job by the work atmosphere that they faced.

A constructive discharge can also mean that the employee faced consequences at work for something other than their job performance. For example, if the employer disagrees with the employee’s political views that they have posted on social media and takes some sort of action on the job, it could be considered a constructive discharge. In many senses, the employer has pushed the employee to the door And held it open for them to resign. The employer may have intentionally made things hard for the employee with the goal of getting them to quit.

You may still have a lawsuit for a constructive discharge. This form of termination can constitute discrimination or harassment. First, you need to prove that the employer acted extraordinarily poorly in an illegal manner. Many employers prefer to constructively discharge an employee because they think it may insulate them from a lawsuit. That is not always the case.

If you believe that you have been a victim of wrongful constructive discharge, you should immediately contact an employment attorney. Your lawyer will investigate the conditions under which you left your job and will look to establish cause for a lawsuit.

Contact an Atlanta Employment Discrimination Attorney Today

If you find yourself on the receiving end of what you believe is illegal conduct at work, you should not attempt to handle the matter on your own. Battleson Law LLC can help you fight for your own legal rights. Call us today at 470.398.1175 or contact us online to schedule your free initial consultation.


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