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What is a constructive dismissal?

Constructive dismissal is a special type of wrongful termination claim. It is also known as a constructive discharge. This happens when the employer makes working conditions so bad that the employee must quit.

To file a claim for a wrongful dismissal, you need to show that your employer violated your contract by targeting you, the employee. Most states recognize the idea of a constructive dismissal. Of course, you left without being fired. However, you left because you had no reasonable alternative. The working conditions were intolerable, resulting in your right to a wrongful constructive dismissal claim.

To succeed at this claim, you have to show that your working environment was unusually adverse. You must show that any other reasonable person in your position would have felt it was necessary to leave the job. You should also be able to show that the employer wanted to make you resign from your position. You can attempt to show that the employer knew about the working conditions and continued to allow them.

You need to show that the situation at work was so bad that you had no other choice but to resign. You should prove this by showing a continuous pattern of poor conduct on the part of your employer. The court will want to see whether or not you were asked to participate in illegal activities. It will want to know if the employer has investigated your complaints. The court will also want to identify the nature of the illegal conduct and the length of time the illegal conduct has been occurring before ruling.

If you're struggling because you had to leave your job, you may have a case. Your attorney can talk to you about your specific situation and whether or not you can sue your employer.

Source: FindLaw, "Constructive Dismissal and Wrongful Termination," accessed July 27, 2017

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