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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, Rockland County, New York and Manhattan. We offer a confidential phone consultation.

Neil  H.  Deutsch Attorney Photo
Neil H. Deutsch

About 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…

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Bruce L. Atkins
Senior Partner

About Bruce L. Atkins is regarded as one of New Jersey’s premier practitioners of employment and civil litigation. He has been selected to the New Jersey Super Lawyers prestigious list every year since 2005.  This honor, bestowed upon a recipient by the votes of his peers, is a powerful nod to the skill Mr. Atkins…

Adam  J.  Kleinfeldt Attorney Photo
Adam J. Kleinfeldt

About Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015.  He primarily represents individuals in employment litigations 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 some of his clients, including a $525,000 jury verdict…

Diane  Englander  Peyser Attorney Photo
Diane Englander Peyser

About Diane Englander Peyser joined Deutsch Atkins & Kleinfeldt, P.C. in September 2018 where she represents employees in wrongful termination, retaliation, harassment, and discrimination matters. Prior to joining Deutsch Atkins & Kleinfeldt, P.C., Diane represented clients in all aspects of employment law on behalf of employees involving unemployment appeals, claims of sexual harassment, LGBT discrimination,…

Debra M. McGarvey Attorney Photo
Debra M. McGarvey

About 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),…

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    I had an remarkable experience with this firm. Diane Peyser and Bruce Atkins and team were informative, responsive, and tenacious. I could not have asked for better representation.

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    Deutsch Atkins & Kleinfeldt, P.C. is simply the BEST legal organization to have on your side and work with. Period! The entire organization worked as an extremely efficient, accurate, responsive and in a VERY professional manner at all times. Absol...

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    I spoke to Diane Peyser who helped me clearly understand how to navigate my very difficult situation. Her expertise was exemplary, and her ability to help calm my concerns was excellent. My blood pressure literally went down after speaking with her...

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