Constructive Discharge — When You Are Forced to Resign
Imagine coming to the office only to find out your employer is asking you to resign without giving any reason. You continue to ask, but they refuse to state any reason. Many people, in such situations, just agree to resign and go their way without realizing that it is illegal.
Connecticut Employment Lawyers often talk about constructive discharges, where an employer forces someone to resign without giving any proper reason. Let us take a detailed look into when this can be illegal.
Legal Reasons Employers Can Force Employee to Resign
Although constructive discharge is illegal in most instances, there are circumstances under which an employer might lawfully invite resignations:
1. Restructuring or downsizing
They may give the employee or worker a voluntary resignation package due to company restructuring or downsizing. This is perfectly legal as long as they do not violate any rights exclusively reserved to members belonging to protected groups.
2. Business Changes
If that role eventually becomes obsolete technology or if businesses change due to market changes over time, your employers can turn the role into some alternative roles. However, they must provide you with reasonable alternatives.
3. Performance problems
Performance problems may also make the employees undergo pressure from the law to tender resignation. Sometimes, even when they have been given the best training and cautioned to follow procedures and still fail to provide a good job requirement or performance, employers may ask them to resign instead of terminating them.
It is important to note that employers are to handle such issues in a professional manner. You cannot be forced out of your job on account of unlawful discrimination, retaliation, or harassment.
What To Do If Your Employers Forces You To Resign?
If you are forced into resignation with no cause, here are a few more practical steps you may want to take to protect yourself:
1. Detailed records.
Record all incidents, including the date and time, to whom you presented it, or with whom you discussed it. That includes saving an email or messages, among other proof of unfair treatment.
2. Report problems via proper channels and Check the Employee Handbook
Utilize your company’s HR department or complaint procedures. E-mail instead of discussing in person creates proper evidence that you can use later.
Additionally, familiarity with the policies of your employer will make it easier for you to spot a violation.
3. Do not quit now.
Fight to stay around while figuring out other options. Hasty quitting sometimes is the worst thing you can do for your lawsuit.
4. File a complaint with the proper government agencies.
The EEOC is one of the biggest employers in the field of workplace issues. They have to be made aware of your situation before you can even file for litigation.
As you move through this process, it can be wise to look for another job.
How Can A Lawyer Help You?
An employment attorney is your best friend when dealing with such a case. He will analyze the case, determine that there is a good case for constructive discharge, and explain the state laws, guiding you through a legally cumbersome process.
A good attorney will aid in collecting evidence, preparing paperwork for filing, and representing you in discussions with your employer. He may even help you to recover lost wages, mental anguish, and other financial damage and other awards. Plus, they can often be quick with an opinion on whether your case has merit and whether you should also look for work elsewhere.
Most employment attorneys will give you a free consultation, so you are properly informed of your rights for free and at no charge upfront. In fact, some attorney firms get paid only if you win your case; it is called contingency fees.
For this sort of case, you can seek help from your state’s attorney’s office of employment law. They specialize in workplace rights, meaning they will be able to help explain your options and protect your interests.
