October 21st, 2009
By Joseph Devine
In the event of harassment or some other situation at work, there is the possibility that a person may be made to quit due to the great amount of stress and awful feelings that come with working in such an inhospitable environment. In this situation, constructive discharge occurs. Constructive discharge is the situation in which “an employer makes the conditions of work so intolerable that the employee quits.” This can occur in a harassment situation or in an area where an employer wants an employee to leave but doesn’t want to fire the employee.
Most of the time when there is a claim of constructive discharge, that claim is not filed by itself. In most situations, there is generally a secondary claim or another claim to go with the constructive discharge claim. Usually, the claim is used in a secondary status in order to convert what appears to be the employee quitting into a form of discharge or termination exercised by the employer.
This claim is commonly used in harassment situations, particularly when the harassment is a “hostile work environment claim.” For example, Miranda works at a company that has done nothing to curb the sexist remarks made by her co-workers. The harassment is severe, pervasive, and ongoing. Because of this, the conditions of Miranda’s employment have been altered and so Miranda quits her job. The conditions of her workplace may have constituted a violation of Title VII of the Civil Rights Act. Now, because Miranda has quit, she may have a claim for constructive discharge as well.
Miranda leaving her job voluntarily does not necessarily constitute constructive discharge. In order for the claim to be valid, the harassment must have been so “severe or pervasive” that a “reasonable employee in her situation would quit work rather than stay.” In other words, the harassment of the workplace must be in excess of the minimums required under Title VII.
If Miranda’s situation before she quit her job was above the minimums of Title VII, then she has a case of constructive discharge. Having this claim gives rise to the claim of “discriminatory discharge in violation of Title VII” on top of her other claim for sexual harassment. Because of this additional claim, a person in a similar situation would be in a position to receive greater remedies than having just a sexual harassment claim alone. One of the biggest advantages is that addition of back pay to the total damages that are possible.
The Houston employment attorneys of the Ross Law Group are committed to punishing those who interfere with an individual’s right to do his or her job while at work.
Joseph Devine
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