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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, 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.

Neil  H.  Deutsch Attorney Photo
Neil H. Deutsch
Senior Partner

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…

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

About Bruce L. Atkins is regarded as one of New Jersey's premiere practitioners of employment and civil litigation. Mr. Atkins has also been included in the Thomson Reuters list of New Jersey Super Lawyers* in Employment Litigation since 2005. Mr. Atkins believes employees have rights that should be aggressively pursued when an employer has wrongfully dealt…

Adam  J.  Kleinfeldt Attorney Photo
Adam J. Kleinfeldt
Partner

About Adam J. Kleinfeldt joined Deutsch Atkins, 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 in a…

Robert  J.  Pantina Attorney Photo
Robert J. Pantina
Attorney

About Robert J. Pantina joined the firm in 2018. Mr. Pantina received his B.A. from Rider University in 2008. He received his J.D. from the Elisabeth Haub School of Law at Pace University in 2017. While in law school, Mr. Pantina interned for the Hon. Bonnie J. Mizdol, Assignment Judge of the Superior Court of…

Diane  Englander  Peyser Attorney Photo
Diane Englander Peyser
Attorney

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

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