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Q.What is Constructive Wrongful Termination?
A.Constructive wrongful termination occurs when the employee is not fired but quits because the conditions in the workplace have become so intolerable that the employee was effectively forced to leave. When any reasonable person would no longer be able to tolerate the workplace environment, then a person may quit and still seek damages for their lost wages.
This does not mean an employee can quit and sue after a simple incident of harassment or because some condition is less than perfect. Employees are expected to first use all of the available reporting mechanisms made available by their employer to at least attempt to resolve their employment issues before quitting. Failure to try and fix the situation before quitting will probably prevent an employee from recovering damages if a lawsuit is later commenced. If an employee has complained, requested relief, and nothing changes or actually escalates, then the employee may quit and still seek compensation for lost wages. All complaints and efforts to get relief from the conduct should be well documented.
Prior to quitting, the employee should meet with a local attorney to discuss the specifics of what is transpiring in the workplace, the documentation that has been gathered, and the response of the employer.
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