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Constructive Discharge

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 & Kleinfeldt, 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 & Kleinfeldt, P.C. 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 & Kleinfeldt, 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 and Rockland County, New York. We offer a confidential phone consultation.

Neil  H.  Deutsch Attorney Photo
Neil H. Deutsch

Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for his…

Bruce  L.  Atkins Attorney Photo
Bruce L. Atkins
Senior Partner

Bruce L. Atkins is the Senior Managing Partner at Deutsch Atkins & Kleinfeldt P.C., a prominent plaintiff employment law firm in the tri-state area. Mr. Atkins believes employees’ rights should be aggressively pursued when they’ve been wrongfully dealt with by their employers. He brings this philosophy to his practice when considering each case and its…

Adam  J.  Kleinfeldt Attorney Photo
Adam J. Kleinfeldt

Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015.  He primarily represents individuals in employment litigation such as discrimination, retaliation and whistle blowing matters. He has extensive experience in all phases of the litigation process. Adam has obtained significant results for his clients, including a $525,000 jury verdict in a sexual…

Debra M. McGarvey Attorney Photo
Debra M. McGarvey

Debra M. McGarvey joined Deutsch Atkins & Kleinfeldt, P.C. in December 2019. She has extensive experience defending employees and employers in state and federal court in employment litigation matters. She has represented clients on various issues arising out of the New Jersey Law Against Discrimination (NJLAD), the New Jersey Conscientious Employee Protection Act (CEPA), the…

Carly Skarbnik Meredith Attorney Photo
Carly Skarbnik Meredith

Carly Skarbnik Meredith, Esq. is a Partner at the firm. Carly has focused her career exclusively in the field of employment law. She has a plethora of experience representing both employees and employers with their employment issues, needs, and concerns. She believes representing both employees and employers has made her an extremely well-rounded client advocate.…


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