Constructive Discharge

Which constructive discharge avenue of relief is available to you depends on the reason you quit. For example, if you quit because of sexual harassment or discrimination, then the Equal Employment Opportunity Commission might take your case; if you quit because your employer retaliated against you for reasonably expecting to be paid the minimum wage, then the Department of Labor might seek relief on your behalf.

But in any case, it's a good idea to immediately seek the advice of an attorney before screaming "Take this job and shove it!" while smugly wallowing in the false sense of security that you're automatically protected by the legal concept of constructive discharge. Maybe you are, but maybe you aren't. The Employment at Will Doctrine is strong throughout many states in the U.S. Consequently, if your employer has not "voided" the Doctrine by violating any of its other wrongful-termination exceptions, you might have a hard time claiming constructive discharge. So, be sure you're not overreacting to the change and that any reasonable employee would also resign under the same circumstances. Also be sure that your employer didn't have a justifiable business reason for making the change. This is where an attorney comes in.

An attorney will determine if you have a case of constructive discharge worth pursuing before you resign, help you to collect and prove the required evidence, and tell you which governmental enforcement agency might help you after you resign. If there is no appropriate enforcement agency for your particular case or the appropriate agency denies your claim, then a private, constructive discharge lawsuit might be your only avenue for seeking relief.

Whatever your avenue of relief turns out to be, don't delay seeking the advice of an attorney. Remember, the change and your resignation must occur close enough in time, so that a cause and effect relationship is established. (There's no magic formula for establishing such, as it's up to the interpretation of an enforcement agency or court. But days passed are likely better than weeks, and weeks passed are likely better than months.) Additionally, some government enforcement agencies impose time limits for filing claims.

As for state unemployment benefits, when applying make it clear that you think you suffered constructive discharge vs. quitting voluntarily. If your claim is denied anyway, file an appeal. The unemployment folks tend to favor employees on appeal, when employees did nothing wrong to lose their jobs.

Constructive Discharge
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