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Constructive Discharge in Federal Claims

By: Virtus Law Group, Birmingham Alabama.


According to the Eleventh Circuit, constructive discharge occurs when a discriminatory employer imposes working conditions that are so intolerable that a reasonable person in the employee’s position would have been compelled to resign. This resignation is not the will of the employee, rather, he or she was forced to quit so that the employer did not have to fire them.


In a case of constructive discharge, the employee must prove that (1) the working environment was so intolerable that a reasonable person had no choice but to quit, and (2) the employer was aware of the intolerable working conditions. The employee’s reason for resigning also has to violate a federal employment law or a local law. An example of this would be quitting your job because your co-worker is discriminating against you based on your race and, after informing your boss, no action was taken to stop the harassment.


Typically, employees are required to file a Charge of Discrimination with the Equal Employment Opportunity Commission within 180 days of the last discriminatory act. However, the time limitations period in constructive discharge claims begins to run on the date that the employee declares his or her resignation, not on the date of the last discriminatory act.


If you believe you had or will have no choice but to quit your job because your employer intentionally made your work environment intolerable, contact us today for a free consultation with an experienced attorney.


Founded in Birmingham, Alabama Virtus Law Group is a Personal Injury and Labor and Employment firm serving the people of Alabama.




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