I’m sorry to hear about your miserable job. Many people suffer for months or even years in intolerable working conditions because they are unable to find another job. If they lose their jobs because of a layoff, normally there are benefits available such as a severance package or unemployment compensation, but if they quit help is normally not available.
In some situations, an employer will intentionally make the working environment miserable for an employee in the hopes that they will quit. An employer may want the employer gone, but may not feel comfortable laying off or firing the employee. The employer may not want the employee to get unemployment compensation, or the employee may be under a contract that prevents him or her from being fired. The employer may make the job so intolerable that the employee chooses to quit.
If that occurs, a “constructive discharge” may have occurred. By law, a constructive discharge occurs when an employer either intentionally created or knowingly allowed working conditions that were so intolerable that a reasonable employer would realize that the employee would be compelled to resign. If an employee can prove that a constructive discharge occurred, the employer may be liable for back pay and benefits, as well as other damages.
Constructive discharge can be difficult to prove. Many working environments are not pleasant, and it’s often not because of a constructive discharge. If you believe that you have been constructively discharged, you should speak with an employment law attorney. If you are in the L.A. area, call me, Conal Doyle, Los Angeles employment discrimination attorney at 310-385-0567. I can help. Call today to learn more or to schedule a free consultation on your case.