I Cant Take It Anymore: The Legal Implications Of Resignation
Feb 19, 2015
Individuals frequently call for advice concerning the harassment and discrimination they experienced. They tell me they just couldn’t take it anymore and that going to work each day had become an anxiety-filled event, so they resigned from their employment. I assure them that they should not doubt the choice they made, because ultimately they did what they needed to stay happy and healthy. But often, under New Jersey law, that choice has limited, if not eliminated, their legal remedies.
In the employment discrimination context, "constructive discharge" is when an employer knowingly permits conditions of employment so intolerable that a reasonable person subject to them would resign. A victim of harassment/discrimination who resigned only has a cause of action for the loss of their job when a constructive discharge has occurred. The standard for constructive discharge is very high and courts consider the nature of the harassment, the closeness of the working relationship between the harasser and the victim, the victim’s use of the employer’s internal grievance procedures, and the responsiveness of the employer to the conduct along with other relevant circumstances.
The nature of the harassment must be outrageous, coercive and unconscionable. Coldness, rudeness, simple teasing, offhand comments, and isolated incidents have been found by New Jersey courts to be insufficient to successfully prove constructive discharge. In addition, the victim must have made every effort to remain employed, including making use of their employer’s internal grievance procedures.
Even if the harassment is outrageous and the victim makes efforts to remain employed, constructive discharge will not be found unless the employer “knowingly permitted” the conduct. This means that, upon finding out about the conduct, if the employer takes action to correct it so that it ends (for example, terminates, disciplines or separates the harasser from the victim), an employee who resigned will not be able to argue that they were constructively discharged.
While individuals who resigned from their position due to harassment or discrimination should nonetheless contact an attorney to assess their potential claims, my hope is that this blog entry reaches people before they quit. In order to protect your potential legal claims, you should contact an attorney at Green Savits while you are still employed. We will try our best to help you navigate the harassment or discrimination you are facing and hopefully find a way out of your job that will preserve your legal claims.
NOTE: this article only discusses legal remedies for job loss as a result of harassment or discrimination. An individual who has been or is currently being harassed may still have a claim against their employer for the harassing conduct itself.
Signs of a Hostile Work Environment
21 Dec, 2021
You deserve to thrive in your career. You work hard, you care about contributing to teamwork and your workplace culture, and you probably never expected to deal with a hostile work environment in return. Unfortunately, many Americans deal with just this problem. Under certain circumstances, workplace harassment may constitute a hostile work environment , and our attorneys may be able to help you pursue justice. If the following behavior is pervasive/severe, interfering with your work, and your employer knows about and has done nothing to stop it, then you may be in a hostile work environment: Unwanted touching Threats Assault Interfering with someone’s work Intimidation Slurs Jokes Mockery Ridicule Sexually suggestive comments, language, pictures, or videos These acts amount to discrimination against a legally protected group of people. The behavior is based on protected parts of a person’s identity, such as skin color, religion, sex, sexual orientation, disability, national origin, marital status, gender identity, and more. A hostile work environment is more pervasive and persistent than one isolated incident in which someone said something offensive to you. The all-encompassing and relentless nature of a hostile work environment can eventually completely wear you down emotionally, mentally, and financially. The workplace may feel like an abusive, intimidating place to be because the harassment is ever-present. Employers have a responsibility to respond to and address complaints related to harassment and a hostile work environment. This obligation is legally binding. An employer who fails to investigate and take action to stop workplace harassment may be held accountable by our experienced employment attorneys and may ultimately have to pay damages to the victim of the hostile work environment. What To Do About It If you believe you are the victim of a hostile work environment, please call the experienced Florham Park employment attorneys at Green Savits at (973) 965-8571. We will listen to all you have to say about what you are encountering at work, and then we can provide our recommendations and suggestions for what to do next. Our employment attorneys have lengthy experience in all of the case law, state and municipal laws, as well as federal laws that may affect your situation.
What Are Forms of Sexual Harassment in the Workplace?
08 Sep, 2021
In New Jersey, workplace sexual harassment is a type of illegal harassment. Illegal discrimination and retaliation must be for a prohibited reason (gender, race, sexual orientation, age, etc). Sexual harassment is harassment based on your gender.
What to Do If You Experience Sexual Harassment at Work
01 Jun, 2021
Workplace sexual harassment is a serious offense that should not be taken lightly. Whether a co-worker makes unwanted physical advances towards you or a supervisor threatens to withhold pay or promotion without sexual contact, you should report the harassment as soon as possible.
What is a Constructive Discharge?
23 Feb, 2021
A constructive discharge is when an employee quits their job due to conditions that would make any reasonable employee leave. The law treats a constructive discharge the same way as being fired, which means you may qualify for unemployment benefits, severance pay, continued health insurance coverage, and more.