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What is a Constructive Discharge?

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What is a Constructive Discharge?

Feb 23, 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. At Green Savits, LLC, our employment attorneys can help you navigate the complexities of constructive discharge and pursue the benefits you deserve.

There are a few workplace contexts where a constructive discharge can be established. However, they come with a high legal burden. For example, if you quit your job due to harassment, a court will take all the following into consideration:

  • The type of harassment experienced
  • The relationship between the victim and the perpetrator
  • Whether or not the victim followed internal harassment procedures
  • Whether or not the employer was responsive to the harassment complaints

In addition, the New Jersey Supreme Court ruled that a victim must do everything they can, within reason, to keep their job.

Under the context of a breach of contract, proving constructive discharge is a little bit easier, but still comes with a set of challenges. Most employees in the US are employed at will, which means they can be fired for any reason if it does not violate the law or an employment contract. In New Jersey, if an employer changes the job title or duties of an employee without their permission, the employee can quit their job and file a constructive discharge claim. In this case, our skilled employment lawyers can help determine where there is a breach in contract.

Facing Wrongful Termination? Our Attorneys Have Your Back

If you were forced to quit your job due to outrageous work conditions, call Green Savits, LLC today at (973) 965-8571 to schedule an initial consultation. Our employment attorneys have more than 50 years of combined experience managing constructive discharge claims. They will fight to ensure your rights to severance pay or other benefits are protected. We proudly serve clients living in North and Central New Jersey from our practice in Florham Park.