Bernabei & Kabat, PLLC


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Have you been the victim of constructive discharge at your job?

Do you feel you are being treated harshly at work or made to work under such unbearable conditions it is causing you to consider resigning?

If you are experiencing this type of treatment at work, you may be experiencing constructive discharge. This is forcing an employee out of their job, and it may happen when the company does not have a valid reason to fire you but still wants you out. Another reason for this behavior is unemployment benefits. If an employee is fired, they can be eligible for unemployment pay, but this is not the case if the employee quits a job on their own.

How to notice constructive discharge in the workplace

You may be a victim of constructive discharge tactics when conditions at your workplace become so intolerable that quitting is easier than to staying to work. Here are some situations in the workplace that suggest constructive discharge:

  • Bullying – This can be from either co-workers or supervisors.
  • Discrimination – Based on race, age or religion.
  • Harassment - Can be sexual, psychological or retaliation.
  • Hostile environment – Usually verbal or personal attacks.
  • Responsibilities change – You may be taken off important accounts and asked to do less important work.
  • Hours and pay change – Your work hours may be cut, or you may be told of a decrease in pay.
  • Humiliation – Being called out in front of colleagues and constantly belittled. 

Constructive discharge does not always have to come from a supervisor or boss. Sometimes the actions listed above can come from co-workers, but the company fails to address the issue or put a stop to it.

If you feel you are a victim of constructive discharge, you should consider filing a complaint against your employer. You should view a constructive discharge as being wrongfully terminated from your employer.

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Bernabei & Kabat, PLLC
1400 16th Street, NW
Suite 500
Washington, DC 20036

Phone: 202-745-1942
Fax: 202-745-2627
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