Do you work in a hostile or intolerable environment? Before you decide to quit, you should take the time to understand the concept of constructive discharge. Knowing about what it means might just change your decision.
What makes a workplace “intolerable”?
You might already know about “constructive discharge,” but what does it mean under New York law? It means your employer created such a hostile environment that quitting was your only option. While there is no official definition, New York courts understand the concept. You can prove constructive discharge by showing your employer created such unbearable working conditions that any reasonable person would have to quit. Here are some common examples:
- Discrimination or harassment: Imagine being targeted for your race, religion, gender or disability – that’s against the New York State Human Rights Law!
- Hostile work environment: Picture facing constant bullying, threats or humiliation. Nobody deserves to work in a place like that.
- Significant and unfair changes to your job: Think drastic, unjustified demotions, unexpected pay cuts, or your workload suddenly doubling for no reason.
New York City takes workplace protection seriously. They want to ensure workplaces are healthy and fair. That’s why the state combined laws, making it easier for employees and employers to address human rights issues.
How can you prove constructive discharge?
You must demonstrate that your employer deliberately created intolerable working conditions to force you to quit. Consider the following:
- Document incidents and communications
- Report issues to HR or a supervisor
- Seek witness statements from colleagues
New York courts examine workplace conditions to determine if they were unbearable and if the employer intended to make you quit. When you understand constructive discharge, you can better protect your rights as an employee. If severe conditions at work leave you feeling forced to quit, it might be more than a resignation. If you know when your resignation might be considered wrongful termination, you can take appropriate action.