Constructive Discharge

Employees can be wrongfully terminated in a number of different ways. However, in some situations, an employee who quit or retired may also be able to take legal action against an employer for wrongful treatment. This is a situation known as constructive discharge. Generally speaking, constructive discharge occurs when an employee resigns because their employer has made their working conditions unbearable.

If you resigned from your job because of the unacceptable behavior of your employer, you may be entitled to compensation for your unnecessary suffering and illegal treatment. Contact the Austin employment lawyers of Melton & Kumler, LLP, at 512-330-0017 today to discuss your situation with an experienced and knowledgeable legal professional.

Examples of Constructive Discharge

In order for an employee’s resignation to qualify as constructive discharge, they must be able to demonstrate that their decision to resign was based on intolerable working conditions created by their employer. These may include:

• Failure to pay salary or wages
• Harassment or bullying
• Demotions
• Reduction in job responsibilities
• Assignment to menial or humiliating job tasks

These and other employer activities may be enough to demonstrate that an employee’s decision to leave their job was compelled by their employer and, therefore, amounted to wrongful termination.

Contact Us

Constructive discharge is often difficult to convincingly demonstrate in court. Fortunately, we can help. Contact the Austin employment attorneys of Melton & Kumler, LLP, today at 512-330-0017 to discuss your situation and learn more about what we can do to help you fight for the compensation you deserve.