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NJ and NY Employment Lawyers Litigate Constructive Discharge

Even if you quit, you might have a case for wrongful termination

Many people leave their jobs before they have another one lined up because the workplace conditions become intolerable. By choosing to resign, employees miss out on unemployment compensation and put themselves in a worse bargaining position for new employment. But often it’s a step they must take to preserve their health and sanity. At Deutsch Atkins, P.C., we want you to know you have rights if you’ve been driven out of your job, and you may be eligible for unemployment benefits and monetary damages if you were terminated for an illegal reason.

Constructive discharge: The quitter’s case for wrongful termination in NY and NJ

Many people feel so harassed on the job that they conclude their employer is trying to make them quit instead of outright firing them. While this is unpleasant and may have the same emotional effects as termination, it is not actionable unless the employee is treated in a way that is prohibited by local, State or Federal law.

  • Discrimination — The employer’s negative treatment is based on the employee being in a prohibited class (i.e., age, disability, gender, nationality, pregnancy, race, religion or sexual orientation).
  • Sexual harassment — In cases of quid pro quo sexual harassment, a worker may be penalized for rebuffing a superior’s advances. In cases of hostile workplace harassment, the targeted worker may quit because the degrading atmosphere is unbearable.
  • Retaliation — If an employer harasses a worker in retaliation for a legally protected action, such as taking family or medical leave, filing a workers’ compensation claim, filing a wage and hour claim, requesting a reasonable disability accommodation or whistleblowing, the employee may have a case for damages.

Deutsch Atkins has been successful in resolving wrongful termination cases. As a leading employment litigation law firm in northern New Jersey, we are equipped to fight for your rights. If you have a valid case, we may be able to obtain monetary damages for your suffering and lost income.

Contact a leading NJ law firm to find out if you have a case for constructive discharge

If you’ve suffered workplace harassment in violation of state or federal law, Deutsch Atkins, P.C. can evaluate your case. Call us today at 551.245.8894 or contact us online. Our firm has offices in Bergen County, New Jersey, Rockland County, New York and Manhattan. We offer a confidential phone consultation.