You should provide a copy of your internal complaint of discrimination and information on how the company handled it. For example, your company said that it was imposing pay cuts due to poor economic conditions, but only employees who are at least 60 years old had their wages reduced. For instance, a manager who says "I don't have grounds to fire you, but I'm going to make you miserable as long as you're working here" would lay a solid groundwork for a constructive discharge claim. If your manager admits trying to force you out, that would be strong evidence in your favor. For example, if your manager told you that women in your department would not get raises because "men are the ones who have to support their families," or the head of your work group stated that no Latinos would be promoted to customer service positions, that would provide evidence of a discriminatory intent. Statements by managers and company decision makers.In a discrimination case, this might include: You should also be prepared to provide evidence that your working conditions were intolerable. In this hearing, you will have to explain why you felt forced to quit. Often, employees who quit their jobs have to participate in a hearing, so the state unemployment agency can figure out whether they are entitled to benefits. When you file for unemployment benefits, you will have to complete a claim form providing some basic information about yourself and your employment history, and explaining why you are out of work. Filing for Unemployment Based on Constructive Discharge If the employee's efforts don't work and the discrimination becomes intolerable, however, the employee may have a constructive discharge claim. The employee will likely have to show that he or she took steps to try to improve the situation before quitting, such as reporting discriminatory conduct internally and participating in the company's investigation. In this situation, the employee would have to show that discrimination made the work environment so intolerable that the employee was essentially forced out because of his or her race, religion, gender, or other protected characteristic. Discrimination and Constructive DischargeĪn employee who is forced to quit due to discrimination may have a claim of constructive discharge. If, however, the employee reported the incident to the HR department, the employer did nothing, and the harassment grew worse, the employee will have a constructive discharge claim if the harassment becomes intolerable. For example, an employee who quits after one incident of workplace harassment probably won't have a constructive discharge claim. Typically, it isn't enough for an employee to show intolerable working conditions: The employee must also take steps to try to remedy the situation, often by reporting it or filing a complaint with the employer. What Is Constructive Discharge?Ī constructive discharge occurs when an employee quits a job because the working conditions are so intolerable that any reasonable person in the same situation would have felt forced to quit.įor example, an employee who quits after being required to work in dangerous conditions or subjected to constant harassment might have a constructive discharge claim. Under the legal concept of " constructive discharge," an employee who is forced to quit is treated as if he or she was fired - and will be eligible to collect unemployment. However, if you are forced to quit because of hostile working conditions, you may still qualify for benefits. If you quit your job without good cause (as defined by your state), you won't be eligible for benefits. (This is only one of several eligibility requirements to learn about the others, see Who Is Eligible for Unemployment?) To be eligible for unemployment benefits, an applicant must be out of work through no fault of his or her own.
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