If you resigned from a job because you could no longer tolerate working conditions, you may have experienced constructive dismissal.
A constructive dismissal is a voluntary resignation on paper, even though the employee feels they “had to” leave the job. It often results from discriminatory or malicious conduct by the employer that violates employee rights, giving rise to a wrongful termination claim.
If you suspect your resignation resulted from a constructive dismissal, the skilled employment attorneys at Joseph & Norinsberg, LLC, can help. We can evaluate the circumstances of your dismissal, advise you of your rights, and pursue the justice you deserve if your employment rights have been violated.
Understanding Constructive Dismissal
Constructive dismissal, also called constructive discharge or forced resignation, occurs when an employer creates or allows a hostile or intolerable work environment or applies other forms of coercion that pressure the employee to quit. A constructive discharge often arises when an employer makes significant and severe changes in the terms and conditions of a worker’s employment. Such conditions render a seemingly voluntary resignation or retirement an involuntary termination.
Constructive dismissal is a form of wrongful termination. However, while a wrongful termination typically involves an employer’s direct firing of an employee for unlawful or discriminatory reasons, a constructive discharge involves more surreptitious behavior.
In typical wrongful termination scenarios, the employer takes the termination action, whereas the employee instigates leaving in a constructive discharge scenario.
To legally qualify as a constructive dismissal, the employer must have created or allowed the conditions that caused the resignation. Either the employee cannot tolerate the workplace or job conditions, or the employer has taken some employment action that forces a resignation.
In addition, the situation must be severe enough that a reasonable person in the employee’s position would feel the need to resign.
Examples of Intolerable Working Conditions
Hostile or untenable working conditions arise in many ways in New York workplaces. Examples include the following:
- Severe and persistent harassment, such as sexually or racially targeted behavior
- Routine and extreme verbal abuse
- Significant demotion or pay reduction without justification
- New or changed job requirements that are impossible to meet
- Failure to make reasonable disability accommodations
- Unsafe working conditions
- Retaliation for whistleblowing
- Unlawful discrimination based on age, disability, or another protected characteristic
Discrimination violates the New York State Human Rights Law, which prohibits employers from discriminating against employees or candidates due to a protected characteristic. Failure to reasonably accommodate a disability, whether in working conditions or job function, also violates anti-discrimination law.
The ‘Reasonable Person’ Standard
A constructive discharge occurs when the working conditions have become so intolerable that a reasonable person would feel forced to resign. Determining whether the working conditions were sufficient to qualify as a constructive discharge turns on the “reasonable person” standard. This standard is objective, not subjective, and measures the employee’s actions against societal norms.
The question is whether a reasonable person would endure the conditions in question. Making that determination requires a court to examine the severity and frequency of the questioned conduct and its impact on the employee’s well-being. If a reasonable person would find that conduct intolerable, the plaintiff may have a case.
Meanwhile, a court will examine whether the employer intentionally created or deliberately permitted the conditions or changes without justifiable business reasons, knowing that they would force a reasonable employee to quit. It will also look at whether the employer had an opportunity to respond to any grievances raised by the employee.
What Are the Legal Protections for Constructive Dismissal in New York?
Under New York employment laws, workers have a right to safe and fair treatment at work. The state human rights law prohibits workplace harassment based on protected characteristics such as race or gender identity. All workers, including employees and contractors, have the right to report violations without fear of retaliation.
Employers must abide by all state human rights and labor laws, including fair wage, break, and time-off standards. Employers must also maintain a safe and healthy workplace and address employee complaints. The New York State Division of Human Rights and the federal Equal Employment Opportunity Commission provide opportunities for reporting issues.
When employers violate these laws, workers might feel they have no choice but to quit. If a worker feels compelled to quit a job because of discrimination, harassment, or unsafe conditions—or because they experienced retaliation after reporting a violation—they may have a constructive dismissal case.
What To Do if You Experience Constructive Dismissal
If you have experienced constructive dismissal, the first step is to report the unfair treatment to your company’s human resources department. This provides documentation for your legal complaint, even if you could not report the unlawful or intolerable conduct while it happened.
It’s also important to seek legal counsel. Filing a lawsuit for constructive dismissal can be challenging because it requires you, as the plaintiff, to prove intolerable conditions. A hostile work environment lawyer can walk you through employment law and your employer’s policies to help determine if you have a case.
If you decide to proceed with legal action, the next step is to file a claim. You can start by filing with the EEOC and DHR. Your attorney can lead you through the process and advise you on how to move forward.
How To Prove Constructive Dismissal
To claim constructive dismissal against an employer, you must demonstrate that you endured intolerable working conditions and that any reasonable person would have seriously considered leaving.
Proving harassment or other mistreatment requires extensive documentation. Documenting everything in as much detail as possible can help produce objective evidence to show what happened.
Helpful documents may include the following:
- Emails, memos, or text messages
- Written complaints
- Witness statements
- Performance reviews
- Employment contracts
- Medical records, if a medical condition or disability was involved
Keeping copies of your resignation letter and any termination documents is also essential. These show the date and circumstances of your leaving the job.
The more documentation you have, the stronger your claim will be. It takes your statement out of the realm of opinion and lets the court apply the reasonable person standard.
What Compensation Can You Receive?
If your constructive dismissal claim stands, you can receive compensation for your losses related to the resignation. That may include compensation for the following:
- Back pay: Wages or salary the employee would have earned between their resignation and the date of the legal judgment
- Front pay: Compensation for wages or salary the employee would have earned
- Emotional distress damages: Compensation for the emotional impacts of the intolerable circumstances at work or your resulting unemployment
- Attorney fees: Reimbursement for or payment of legal costs you incurred in filing your claim
How Can Employers Prevent Constructive Dismissal?
Fostering a positive and respectful workplace culture is the best way to avoid constructive dismissal. New York state laws require employers to institute sexual harassment prevention policies, training, and complaint pathways.
Clear policies and procedures are essential for all matters related to discrimination, harassment, or unfair treatment. Managers should receive training on proper workplace conduct and how to create an environment where employees feel comfortable raising concerns.
All complaints should receive a prompt and thorough investigation. Those who filed the complaints should be aware of the results of these investigations and should receive reassurance of protection against retaliation.
Contact Joseph & Norinsberg for Your Employment Law Cases
At Joseph & Norinsberg, LLC, we are committed to fighting for the employment rights of New York workers. We understand that you’ve experienced something difficult, and we’re here to pursue justice on your behalf.
Don’t continue suffering in silence. Contact us online or call 212-227-5700 today for a free consultation.
