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Constructive Discharge

Have you been forced to quit because of intolerable working conditions?

Our Miami constructive discharge attorneys can help

If you have ever found yourself wanting to storm into your boss' office to say, "I can’t take it anymore, I quit!" you may be the victim of constructive discharge. Many employees quit their job because they can't stand the intolerable working conditions. In some instances, this is called constructive discharge, and you have legal options as an employee when it occurs.


Understanding constructive discharge

Constructive discharge has occurred when you are forced to quit or resign from your job because working conditions were so intolerable you felt you had no other choice but to leave. The key in this situation is that your employer created a work environment, or allowed it to continue, with the intention of getting you to quit. Or alternatively, your employer knew the work environment would be likely to cause you or any other reasonable employee to resign.

In order to prove a claim for constructive discharge in the State of Florida, you generally have to show:

• You have been mistreated at work as result of some action taken or policy adopted by your employer
• You made a complaint to your supervisor, boss or the company’s human resources department, but the mistreatment did not cease or escalated
• The mistreatment that you experienced was so intolerable that any reasonable employee would relinquish their job rather than continue to work in that environment
• The mistreatment and your resignation took place close together in time, that is, there must be clear cause and effect between the mistreatment and your leaving your job

constructive discharge lawyer"Mistreatment" in this context refers to treatment which is significant and intolerable. As a general rule, the mistreatment must be connected to an illegal act. A good example is sexual harassment or other discrimination complaint that is not dealt with when reported.

Other areas where constructive discharge claims may arise include instances where your employer reduces your pay or hours, increases or decreases your work load, or otherwise mistreats you based on the fact that you have participated in a legally protected activity such as:
• filing a worker's compensation claim or engaging in union activities.
• Your race or religion, age or disability

If you've been constructively discharged, it is possible to apply for unemployment benefits. This is acceptable because, in the eyes of the law, you did not choose to voluntarily resign from your job. Rather, you were forced to quit because of your employer's misconduct.

There are severe penalties for constructive discharge

If you can prove you were constructively discharged, your former employer will be subject to severe penalties. If our experienced constructive discharge attorneys believe that you have a valid claim you can be assured that we will work aggressively to defend your rights. If your claim is successful you may be entitled to:

• Back-payment of wages or salary that would have been received from the time that you quit until the date that you filed the lawsuit
• Payment of your normal wages or salary from the time that you won your case until the date that you are either re-hired by your former employer or until you find a similar job. This is referred to as Front-pay.
• The fees that you have paid to your attorneys.
• Money that is awarded to compensate you for any pain and suffering or mental distress that you have experienced because of the discharge. This is referred to as compensatory damages.
• Money that is awarded to you in order to punish your employer for their wrong-doing and as an “incentive” not to make the same mistake again. This is referred to as punitive damages.

This is a very simple outline of constructive discharge law. You should be aware that most cases are extremely complicated and if you think that you have a claim you should talk to the Law Office of Pelayo Duran as soon as possible. It is actually preferable that you talk to a constructive discharge attorney before you resign or quit your job.

It is also important that you keep detailed notes of any mistreatment by your employer or co-workers. You should include dates, times and details of all reports that you have made. You should also retain any documentary evidence of these things such as complaints you have made in writing, meeting transcripts and written responses to your complaint.

If you have been forced to quit due to intolerable working conditions, contact us today to arrange a free legal consultation.

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