Can You Sue for Constructive Discharge?

Sometimes, people come to me and say they want to sue for constructive discharge. There's no such cause of action or claim. Constructive discharge is where an employee quits work for good cause. This means some claims that you were illegally fired (worker's compensation retaliation, retaliation...

Do I Have a Case for Constructive Discharge?

Many People Quit Their Jobs Every Day Roughly 48% of the currently identified unemployed actually quit their job. An unusually high number? No. That is within range the national norm for the past 5 years . Many people quit because they felt they were being treated unfairly, or even abusively...

Constructive discharges cannot exist in a vacuum of illegality

A constructive discharge occurs when an employer's actions make an employee's working conditions so intolerable that a reasonable person under the circumstances would feel compelled to resign. Usually, a constructive discharge arises in the context of a discrimination lawsuit, satisfying the...

Is Your Job Too Hard? File a Lawsuit! - COTW #100

Cue the confetti - we have hit Lawffice Space employment law Case of the Week #100! And, it's a great case of the week. It might be one of the most ridiculous employment law cases ever . . . but maybe we shouldn't jump to conclusions . The case is Armstrong v. I-Behavior, Inc. (complaint here...

3d Cir. Issues a Bitchin' Constructive Discharge Decision

Sexual harassment, retaliation, and constructive discharge. The trifecta of employment-discrimination claims. And all three were the subject of a recent decision from the 3d Circuit. The decision contains lots of interesting discussion points but I'll limit myself to just one for the purposes...

One-Third Reduction of Pay May Be Constructive Discharge

Recently, in Berkely S. Scott v. Harris Interactive, Inc. , No. 12-1414-cv [ an enhanced version of this opinion is available to lexis.com subscribers ], the Second Circuit reversed a district court finding that the reduction of an employee's salary by one third could not as a matter of law constitute...