Constructive discharge may be a form of workplace discrimination

| Jul 12, 2021 | Employment Law |

For Delaware workers who have been subjected to workplace discrimination, there might be a preconceived notion that the only way to file a legal case is if they were terminated. If a person is terminated because of gender, sexual orientation, age, national origin or other protected reasons, their employer has violated employment law. It is also a potential justification for a claim if the person quits because of the treatment. This is called constructive discharge.

Understanding constructive discharge due to discrimination

For employees who left the job due to discrimination, it is imperative to know what constructive discharge is. Citing constructive discharge and quitting could mean the former employee is entitled to various benefits like unemployment compensation. To qualify, the worker must believe he or she is confronted with a hostile work environment. Then the case must be discussed with a legal professional to gauge if it meets the standard. Next, the employee should resign. Eventually, a claim will need to be filed with the Equal Employment Opportunity Commission (EEOC).

To qualify as constructive discharge, the treatment must be such that a person who is viewing the situation objectively would think it is a hostile work environment; there must be discrimination in the workplace; and the work situation must be intolerable leading to the employee resigning. The basics of employment law are imperative when determining if the foundation is in place for a claim.

It is possible to seek compensation for constructive discharge

People who face workplace mistreatment like discrimination, retaliation, being demoted, receiving reduced pay, failure to provide disability accommodations and other issues but quit instead of being fired may meet the criteria for a claim based on constructive discharge. It is wise to know the options available in these circumstances. Having experienced guidance may help.