If your job was this bad ^^ you might be entitled to compensation.
Summary: Have you been forced to quit your job due to unbearable working condition? SoloSuit can help you understand your options with filing a constructive discharge claim.
Constructive discharge claims are lawsuits filed by an employee who has left their job because of intolerable working conditions. These conditions must have been so poor that they forced the employee to quit their position.
The claim must show that the employer's actions were done to punish the employee in an indirect manner when they could not directly punish the employee. Although typical resignation, firing, or other types of separation from an employer are common, constructive discharge is different because it is specific to poor and unbearable working conditions.
It is recommended to file a discharge claim from the time the inappropriate action occurred, but it can also be filed after you quit. This is because whistleblowers often fear retaliation.
Constructive discharge – definition
The definition of the term "constructive discharge" is when a worker's resignation or retirement may be found not to be voluntary because the employer created an environment that was too hostile to work in. The employer may have also applied other forms of pressure or coercion which forced the employee to quit or resign. This can occur when an employer makes changes to the terms and conditions of a worker's employment. However, what is considered a constructive discharge is defined in state law, which varies from state to state. Now, let's break down the actions that might constitute a constructive discharge claim.
Common reasons to claim constructive discharge
There are a few common reasons why an employee, or former employee, might claim constructive discharge. For example, you may claim constructive discharge if an employer:
- Reduces your working hours
- Demotes you without reason
- Does not take action when harassment has been reported at work
- Withholds pay
- Makes unacceptable changes to your workday
- Does not provide the support needed to carry out responsibilities
Understand a constructive discharge claim
For a constructive discharge claim to even be considered, the claim must adhere to a few guidelines. For one, the claim must demonstrate that the employer's actions specifically worked to indirectly punish the employee, when direct punishment isn't possible. This may be done through reducing hours, verbally assaulting the employee, or any other prolonged form of harassment or abuse that pushes them until they quit.
This might include passing over an employee for promotion because of something such as race, gender, religion or age (anything other than performance).
Statute of limitations on a constructive discharge claim
During a claims investigation, the way the employer acted during the time period in question is more important than that of the employee. There is a time period, called the statute of limitations, in which the claim must be filed. Otherwise, the employer may not be able to rectify their actions.
The statute of limitations for a constructive discharge claim will begin on the date that the employer is said to have acted improperly. In some cases, this time period can extend until the date of quitting. The employee is sometimes required to try to resolve the issue before a claim is made. This can be difficult though, as sometimes the employee worries about the result of approaching a claim.
Examples of constructive discharge
When an employee makes a claim, if the employee's manager places the employee on leave because of non-performance despite the employee recently receiving a positive performance review, this could be considered a constructive discharge claim.
The employee could have filed a constructive discharge claim indicating that conditions fell apart in the office after they were denied a promotion and that the employer indeed retaliated.
The following are a few scenarios that could qualify as leading to a constructive discharge claim:
- Being a victim of sexual harassment by a supervisor or boss
- Being the victim of sexual harassment by a co-worker, having complained to management, but the management failed to handle the problem which only continued
- Being treated poorly at work due to something out of their control, such as their age, sex, race, national origin, religious beliefs, or disability
- Making a reasonable complaint regarding being treated poorly, where the management responded ineffectively and the work environment became a toxic situation
- Taking relief or asked for payment of overtime, looking for accommodation under ADA, or filed a workers' compensation claim, and was retaliated against by the employer
- Making a whistleblower complaint and after being subjected to a hostile work atmosphere
Suing for constructive discharge
Although there is a statute of limitations to file a constructive discharge claim, it is possible to sue for constructive discharge even after resigning, versus after being laid off or fired. However, in order to do so, the employee would have to show that the employer purposefully made the workplace intolerable, leading to the need to resign for mental or physical health purposes.
Proving a constructive discharge claim
Most often it is hard to prove constructive discharge. This is because the “burden of proof” lies with the employee. This forces them to present specific facts that prove the employer created a hostile work environment. This hostile work environment must have led to or could have led to an employee resigning. Additionally, each workplace is different, and each workplace is complex. However, it is required that the employee proves that the decisions made by an employer must have led to constructive discharge.
Overall, an employee is expected to prove that they were mistreated at work, they must also be able to show documents that they had reached out and complained to their supervisor, HR department, or management, but also prove that the issue was not resolved after doing so.
If you plan to claim constructive discharge, the court will want you to prove that this work environment was so intolerable that any reasonable person would have quit in your position. Only then, will you win your case and be awarded damages.
What is SoloSuit?
SoloSuit makes it easy to respond to a debt collection lawsuit.
How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.
Respond with SoloSuit
"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James
We have answers.
Join our community of over 40,000 people.
You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now or are just looking for support, we're here for you.
Ask a Question
>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate
How to answer a summons for debt collection in your state
Here's a list of guides for other states.
All 50 states.
Guides on how to beat every debt collector
Being sued by a different debt collector? Were making guides on how to beat each one.
Win against credit card companies
Is your credit card company suing you? Learn how you can beat each one.
Going to Court for Credit Card Debt — Key Tips
How to Negotiate Credit Card Debts
How to Settle a Credit Card Debt Lawsuit — Ultimate Guide
Get answers to these FAQs
Need more info on statutes of limitations? Read our 50-state guide.
Why do debt collectors block their phone numbers?
How long do debt collectors take to respond to debt validation letters?
What are the biggest debt collector companies in the US?
Is Zombie Debt Still a Problem in 2019?
If a car is repossessed, do I still owe the debt?
Is Portfolio Recovery Associates Legit?
Is There a Judgment Against Me Without my Knowledge?
Should I File Bankruptcy Before or After a Judgment?
What is a default judgment?— What do I do?
Summoned to Court for Medical Bills — What Do I Do?
What Happens If Someone Sues You and You Have No Money?
What Happens If You Never Answer Debt Collectors?
What Happens When a Debt Is Sold to a Collection Agency
What is a Stipulated Judgment?
What is the Deadline for a Defendants Answer to Avoid a Default Judgment?
Can a Judgement Creditor Take my Car?
Can I Settle a Debt After Being Served?
Can I Stop Wage Garnishment?
Can You Appeal a Default Judgement?
Do I Need a Debt Collection Defense Attorney?
Do I Need a Payday Loans Lawyer?
Do student loans go away after 7 years? — Student Loan Debt Guide
Am I Responsible for My Spouses Medical Debt?
Should I Marry Someone With Debt?
Can a Debt Collector Leave a Voicemail?
How Does Debt Assignment Work?
What Happens If a Defendant Does Not Pay a Judgment?
How Does Debt Assignment Work?
Can You Serve Someone with a Collections Lawsuit at Their Work?
What Is a Warrant in Debt?
How Many Times Can a Judgment be Renewed in Oklahoma?
Can an Eviction Be Reversed?
Does Debt Consolidation Have Risks?
What Happens If You Avoid Getting Served Court Papers?
Does Student Debt Die With You?
Can Debt Collectors Call You at Work in Texas?
How Much Do You Have to Be in Debt to File for Chapter 7?
What Is the Statute of Limitations on Debt in Washington?
How Long Does a Judgment Last?
Can Private Disability Payments Be Garnished?
Can Debt Collectors Call From Local Numbers?
Does the Fair Credit Reporting Act Work in Florida?
The Truth: Should You Never Pay a Debt Collection Agency?
Should You Communicate with a Debt Collector in Writing or by Telephone?
Do I Need a Debt Negotiator?
What Happens After a Motion for Default Is Filed?
Can a Process Server Leave a Summons Taped to My Door?
Learn More With These Additional Resources:
Need help managing your finances? Check out these resources.
How to Make a Debt Validation Letter - The Ultimate Guide
How to Make a Motion to Compel Arbitration Without an Attorney
How to Stop Wage Garnishment — Everything You Need to Know
How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)
Defending Yourself in Court Against a Debt Collector
Tips on you can to file an FDCPA lawsuit against a debt collection agency
Advice on how to answer a summons for debt collection.
Effective strategies for how to get back on track after a debt lawsuit
New Hampshire Statute of Limitations on Debt
Sample Cease and Desist Letter Against Debt Collectors
The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah
West Virginia Statute of Limitations on Debt
What debt collectors cannot do — FDCPA explained
Defending Yourself in Court Against Debt Collector
How to Liquidate Debt
Arkansas Statute of Limitations on Debt
Youre Drowning in Debt — Heres How to Swim
Help! Im Being Sued by My Debt Collector
How to Make a Motion to Vacate Judgment
How to Answer Summons for Debt Collection in Vermont
North Dakota Statute of Limitations on Debt
ClearPoint Debt Management Review
Indiana Statute of Limitations on Debt
Oregon Eviction Laws - What They Say
CuraDebt Debt Settlement Review
How to Write a Re-Aging Debt Letter
How to Appear in Court by Phone
How to Use the Doctrine of Unclean Hands
Debt Consolidation in Eugene, Oregon
Summoned to Court for Medical Bills? What to Do Next
How to Make a Debt Settlement Agreement
Received a 3-Day Eviction Notice? Heres What to Do
How to Answer a Lawsuit for Debt Collection
Tips for Leaving the Country With Unpaid Credit Card Debt
Kansas Statute of Limitations on Debt Collection
How to File in Small Claims Court in Iowa
How to File a Civil Answer in Kings County Supreme Court
Roseland Associates Debt Consolidation Review
How to Stop a Garnishment
Debt Eraser Review
Do Debt Collectors Ever Give Up?
Can They Garnish Your Wages for Credit Card Debt?
How Often Do Credit Card Companies Sue for Non-Payment?
How Long Does a Judgement Last?
How Long Before a Creditor Can Garnish Wages?
How to Beat a Bill Collector in Court