Facts about constructive discharge in Delaware

On Behalf of | Dec 8, 2021 | Employment Law |

There are many situations that can make employees stop showing up for work. If this is not due to a serious issue, like wrongful termination, there’s a chance that it’s due to constructive discharge.

What is constructive discharge?

Constructive discharge is a situation when an employee chooses to leave a job because the conditions have become intolerable. It’s not uncommon for employers to force employees out of their job in this way, but, in some cases, it may occur simply because the employer has lost control of the workplace.

What are some common reasons for constructive discharge?

There can be many reasons why an employee would choose to leave their job due to intolerable conditions. One of the most common reasons is when the employee is being sexually harassed or discriminated against. In some cases, the employer may have stopped maintaining a fair work environment, or the employee may feel like they are constantly getting micromanaged. Other reasons can include when the employee is not receiving fair pay, or when they’re asked to do something illegal.

How can you prove constructive discharge?

Unlike wrongful termination, it can be difficult to prove constructive discharge, but it’s possible to do it successfully. In order to prove it, you must first show that the conditions of your job became intolerable. You can do that by providing evidence of the harassment or discrimination you faced, or by showing that the employer has violated your rights in some other way. To prove this, you might need to provide evidence that shows you attempted to solve the issue with your employer, but they failed to correct the situation.

It’s not okay for employers to force employees out of their job in any way, especially if it’s illegal. If you feel like you’re getting forced to leave your job through intolerable conditions, it’s important to understand the legal steps that you can take to get justice