Skip to Content
Defending Employee Rights Across New Jersey
Top
Constructive Discharge

New Jersey Constructive Discharge Lawyers

When an employer communicates to you that you are being fired, then you are actually being discharged. However, there are times that an employer’s conduct forces an employee to quit. As explained below, that type of resignation may be treated as though the employee was fired.

Constructive Discharge Within The Harassment Context

A workplace harassment victim must prove that the employer’s conduct was so outrageous, coercive or unconscionable that any reasonable employee would have quit under the same circumstances to establish what is called "constructive discharge" (meaning that the law construes the quit as a firing).

This may be proved by looking at:

This is a very high legal burden to meet, as the New Jersey Supreme Court has ruled that an employee should do everything she/he can within reason to remain employed.

Constructive Discharge Within A Contract Context

The vast majority of employees are employed at will. This means an employee can be fired for any reason unless the motivation behind the firing violates a law, or if the firing violates a written employment contract.

New Jersey courts have held that where an employee enters into a written contract for a specific period of time with an employer to perform a specific job and/or job duties and if the employer changes the job title and reduces the employee's job responsibilities without the employee’s permission, then the employee may resign and sue for breach of contract on a constructive discharge claim.

Medical Inability To Work

If the employee can show that the employer’s unlawful conduct caused the employee to suffer from a medical and/or psychiatric condition that prevents her/him from working, then the employee can quit and recover his or her lost pay and benefits as though he or she was fired. This requires expert medical or psychiatric testimony.

Why Choose Green Savits, LLC

The laws governing constructive discharge cases are very complex and require the assistance of an experienced employment law attorney to ensure your rights are fully protected. With more than 50 years of combined experience handling constructive discharge cases, the New Jersey employment law attorneys at Green Savits, LLC, have the skills to help you achieve a successful outcome to your case. We know the state laws which apply to your case, and we will fight aggressively to ensure your rights are protected every step of the way.

Please contact Green Savits, LLC online or call (973) 965-8571 today to schedule your initial consultation. Our employment law attorneys serve clients in Northern and Central New Jersey.

What Makes Us Different

Proven Results. Experienced Team. Personal Commitment.
  • A History of Success
    Our attorneys have prevailed in landmark New Jersey Supreme Court cases, making a significant impact on employment law with decisions involving issues like pregnancy and religious discrimination, whistleblower retaliation, and more.
  • Experienced Trial Attorneys
    With a strong reputation for success, we bring the exerience and determination necessary to fight for your rights every step of the way.
  • Leadership in Employee Advocacy
    Our attorneys have influenced legislation for New Jersey workers and have successfully argued in eleven New Jersey Supreme Court cases on critical issues like pregnancy discrimination, whistleblower retaliation, and sexual harassment.
  • Strength in Facing Powerful Opponents
    We don’t shy away from challenging large, well-resourced corporations. Our firm has successfully taken on Fortune 500 companies like AT&T, ExxonMobil, and Pfizer, achieving justice for our clients in the face of tough opposition.
Green Savits LLC Meet the Team Committed to Your Rights Our Attorneys Have Experience to Help With Complex Cases

Ready to Get Started?

Get in Touch with Our Team Today
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy
Green Savits Green Savits
Contact 973-965-8571
Address
25B Vreeland Road, Suite 207
Florham Park, NJ 07932
Map & Directions
Follow Us