This is a multi-state form covering the subject matter of the title.
This is a multi-state form covering the subject matter of the title.
Sometimes, encouraging an employee to resign is best for the employee and the employer. However, if an employee believes he or she was forced to resign under duress, as a form of discrimination or retaliation, or due to other unlawful reasons, the employee may take legal action against the employer.
You might research wrongful termination and constructive dismissal with the Equal Employment Opportunity Commission and the Department of Labor. Speak with an attorney. Schedule a consultation with an employment attorney to discuss your situation and learn if you have a case under your local employment laws .
Sometimes, encouraging an employee to resign is best for the employee and the employer. However, if an employee believes he or she was forced to resign under duress, as a form of discrimination or retaliation, or due to other unlawful reasons, the employee may take legal action against the employer.
In California, proving constructive discharge requires demonstrating that your employer intentionally created intolerable working conditions, forcing you to resign. This may involve gathering evidence of the hostile work environment.
“Constructive discharge” occurs when an employer makes working conditions so difficult, unpleasant, or outrageous that an employee is forced to quit. Arizona law prohibits employers from constructively discharging employees. A.R.S. § 23-1502.
You may have been forced out because of harassment, discrimination, or another unlawful act, but you will need to find evidence to prove your claim. Evidence may include emails or other communications, witness statements, or prior claims of harassment.
Speak with an attorney. Schedule a consultation with an employment attorney to discuss your situation and learn if you have a case under your local employment laws .