Austin Constructive Discharge Attorney

At the law firm of Austin employment lawyers Melton & Kumler, LLP, we believe that no employee should have to constantly endure sexual harassment at work. In many cases, however, employers fail to take action to prevent or eliminate sexual harassment in the workplace, leaving employees to fend for themselves. Some employers may even encourage or allow sexual harassment to persist in order to force the resignation of certain employees. This is an illegal practice known as constructive discharge.

What is Constructive Discharge?

Constructive discharge occurs when an employer induces an employee to resign or quit by creating an environment or taking actions which the employee finds unbearable or unacceptable. By forcing the employee to resign, the employer hopes to avoid allegations of illegal firing and/or having to pay severance benefits.

Fortunately for Austin employees, constructive discharge is actually a form of wrongful termination, allowing targeted workers to take legal action against their former employers.

Building Your Case

To qualify as constructive discharge, an employer must have created circumstances which would be unacceptable to any reasonable employee. Examples may include:

• sudden, unjustified demotion
• abrupt relocation
• exclusion from important meetings/projects
• persistent sexual harassment

The general rule of thumb is: if a reasonable person would have quit or resigned under the same circumstances, constructive discharge has taken place.

In order to prove constructive discharge in court, however, you will need strong evidence. Because the line between an unpleasant – but legal – work environment and one which is unreasonable and illegal is blurry, you will need an experienced Austin constructive discharge lawyer to handle your case.

Contact Melton & Kumler, LLP

Austin sexual harassment lawyers Melton & Kumler, LLP understand that dealing with a hostile work environment or the unwanted sexual advances of a co-worker is incredibly difficult. If you have been forced to leave your job because of unbearable sexual harassment or other factors, our Austin constructive discharge attorneys may be able to help you seek justice.

Call our offices at 512-330-0017 for more information.