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Did you quit your job or was it actually wrongful termination?

Some employees end up quitting their job after it just became so intolerable that they would rather be temporarily unemployed than continue working under such conditions. This can be due to illegal tactics used by the employer to get the employee to quit rather than terminating their employment. However, this is also considered wrongful termination.

If this sounds like something that happened to you, then read on to learn more about what is known as "constructive discharge" and what to do next if you believe you are a victim of this.

Constructive Discharge

According to the EEOC ("Equal Employment Opportunity Commission") constructive discharge is a prohibited practice. Their website states:

"Discriminatory practices under the laws EEOC enforces also include constructive discharge or forcing an employee to resign by making the work environment so intolerable a reasonable person would not be able to stay."

What does this mean exactly? In simple terms it means that just because your boss used the guise of you "quitting" does not make it legal and that if considered wrongful termination, can still be considered discrimination.

It important to understand your rights as an employee and some of the common signs of constructive discharge. There are common situations involving wrongful termination or constructive discharge. These include being pregnant, retaliation for making a claim against the employer such as sexual harassment or discrimination, mistreatment by a fellow employee or your boss and other types of similar scenarios. Keep in mind mistreatment is more than just a cranky or aggressive boss. There has to be illegal mistreatment or a type of mistreatment the law prohibits.

If you find yourself wondering if you have an employment law claim against your former employer, seek experienced legal counsel today.

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