If You Are Told You Can Quit or Be Fired Immediately - That is a Termination NOT a Resignation
First things first, let's identify a true "quit." If you woke up and decided to resign that day, that is a resignation.
If, on the other hand, you went to work with no thought of quitting, but elected to do so in lieu of termination after suddenly being called into a meeting that day and told you were about to be fired, that is a termination.
Nearly Half of the Folks Unemployed at Any Given Time Are Deemed to Have Quit Their Job
Roughly 48% of the currently identified unemployed actually quit their job. An unusually high number? No. That is within range the national norm for the past 5 years.
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| More Common Than You Probably Thought |
Many people quit because they felt they were being treated unfairly, or even abusively, during their employment. Stated otherwise, many felt they were subjected to a "hostile work environment."
Being Bullied at Work Does Not Necessarily Mean You Work in a Hostile Work Environment - If You Are an At-Will Employee, The Law Does Not Protect Employees From a Bully
One of the most common problems facing the average American employee is the presence of a bully in their midst. Federal, state and local Anti-Discrimination laws do not make prohibit mean-spirited, rude, obnoxious or even vicious mistreatment at work UNLESS the cause of the mistreatment is the bully's dislike of the employee because of his here age, sex, race, color, national origin, religious beliefs, sexual preference, gender identity or disability.
If the Boss Screams at Everyone, He/She is a Bully,
but Has Not Singled You Out Due to Your Age, Sex, Race, etc.
Moreover, if you are, like most of us, "employed at will," there is little protection from such abuse since, if you complain about "garden variety" (i.e. non-discriminatory) bullying, and are thereafter fired by the bully in retaliation, you would not have a claim for wrongful termination or illegal employment retaliation.
Unfortunately, What the Ordinary Person Thinks is a Hostile Work Environment is Not an ILLEGAL Hostile Work Environment
However, hostile work environments, as defined in the law, are somewhat rare. Indeed, in order to prove that a hostile work environment exists, one typically must allege the existence of sexual harassment, or a work environment littered with extreme and overt criticisms based upon a person's age, race, sex, national origin, religion, etc. In addition, an unlawful hostile work environment exists if an employee is subjected for retaliation in response to making a reasonably well-founded complaint about such unlawful behavior.
NOTE: If you make a "general" complaint that you are being treated poorly, unfairly, etc., then you have not made a complaint of an illegal hostile work environment, and therefore would not have a an illegal retaliation complaint if the company's response was to terminate your employment.
However, if you complain to management that you believe you are being treated differently because you are a woman, a Hindu, etc., and are subjected to an adverse employment action in response, then you have a claim for an illegal hostile work environment and also for illegal workplace retaliation.
Retaliation in Response to Taking Family and Medical Leave or Seeking a Reasonable Accommodation for a Disability Pursuant to the Americans With Disabilities Act is Illegal
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| You Are Entitled to FMLA Leave Punishing an Employee for Asking for Leave Creates an Illegal HWE |
There are some other common scenarios of illegal hostile work environments (or unlawful retaliation, if you will).
Some of the most common arise when an employee is subjected to hostility because he/she took leave protected under the Family and Medical Leave Act (FMLA) or sought a reasonable accommodation under the Americans With Disabilities Act (ADA).
You Are Entitled to a Reasonable Accommodation
Punishing an Employee for Asking for One Creates an Illegal HWE
You Are Protected from Retaliation if You Complain About Sexual Harassment or Discrimination Based Upon Age, Race, Sex, Religion, National Origin or Disability
You Have a Right to be Free of Sexual Harassment and,
If You Complain About Such Mistreatment and Are Punished
You Are the Victim of an HWE
If you make a complaint of sexual harassment or that you believe you are being treated poorly because of your age, race, national origin, sex, religion or disability, and are thereafter subject to retaliatory mistreatment at work, you are being subjected to an illegal HWE.
You Have a Right to be Treated Equally Irrespective of Sex, Race, Age, etc.,
If You Complain About Discrimination and Are Punished
You Are the Victim of an HWE
You Cannot be Punished Because You Ask for Overtime Pay or File a Workers' Compensation Claim
If You Make a Complaint That You Are Owed Overtime or File a Workers' Comp Claim and Are Thereafter Punished at Work, You May Have a Claim for an Illegal HWE
Federal law makes it illegal to punish someone because they sought overtime which they reasonably believed they were entitled to under the law . In many states, punishing someone because they made a claim for workers' compensation is also illegal. You are also protected if you made a claim protected under a whistleblower statute. There are other acts that are protected from state to state, and best to seek out counsel if you have a question about any retaliatory circumstance.
Being Subject to Termination or Demotion (With a Reduction in Pay)
Are the Most Severe Forms of Adverse Employment Action
NOTE: If you are subjected to adverse employment action (generally, termination, demotion with pay reduction, simple pay reduction with no change in work status, being passed over for promotion, transfer to remote location or less desirable shift) because you asserted rights under federal laws such as Title VII, FMLA, ADA or FLSA (the Fair Labor Standards Act, which governs overtime), then you may have a claim for an illegal hostile work environment. The same is true, at least in many states, if you are "punished" because you filed a workers' compensation claim.
Mere Proof of Cruel, Unfair or Immoral Treatment is Not Proof of an Illegal Hostile Work Environment
However, they key point is as follows: merely having a cruel, hostile boss, or a gang of insensitive, bullying co-workers is not enough to prove a hostile work environment. This is the foundation of the employment at will doctrine.
NOTE: If you have to quit your job because of severe mistreatment by management and/or co-workers, you may be entitled to unemployment benefits even if you were not subjected to an illegal hostile work environment.
You Have a Constructive Discharge Claim Only if You Were Subjected to an Illegal Hostile Work Environment
Understanding these principles is important, because a claim of constructive discharge only lies where an illegally hostile work environment left the "reasonable employee" with no choice but to resign. So, if you have taken protective action, such as described above, and the employer then made your work life intolerable, then you can quit and make a claim for an illegal HWE.
Truly Illegal Hostile Work Environment Claims Are Relatively Rare
While a large percentage of workers quit because they find their job intolerable due to the (mis)behavior of their bosses and/or colleagues, the law does not require civility in the workplace.
Mere Proof of Cruel, Unfair or Immoral Treatment is Not Proof of an Illegal Hostile Work Environment
However, they key point is as follows: merely having a cruel, hostile boss, or a gang of insensitive, bullying co-workers is not enough to prove a hostile work environment. This is the foundation of the employment at will doctrine.
NOTE: If you have to quit your job because of severe mistreatment by management and/or co-workers, you may be entitled to unemployment benefits even if you were not subjected to an illegal hostile work environment.
You Have a Constructive Discharge Claim Only if You Were Subjected to an Illegal Hostile Work Environment
Understanding these principles is important, because a claim of constructive discharge only lies where an illegally hostile work environment left the "reasonable employee" with no choice but to resign. So, if you have taken protective action, such as described above, and the employer then made your work life intolerable, then you can quit and make a claim for an illegal HWE.
Truly Illegal Hostile Work Environment Claims Are Relatively Rare
While a large percentage of workers quit because they find their job intolerable due to the (mis)behavior of their bosses and/or colleagues, the law does not require civility in the workplace.
Being Subjected to Retaliation Because of a Protected Complaint is Illegal
If You Quit Your Job Because of One of These Scenarios, You May Have a Constructive Discharge Case
In summary, and generally, if you quit your job for any of the following reasons, you may well have a claim for constructive discharge:
1) You were the victim of sexual harassment by your supervisor or boss;
2) You were the victim of sexual harassment by a co-worker and complained to management, but it failed to take steps to fix the problem, which then continued;
3) You were treated badly at work, and it was made clear that the mistreatment had come about because you were disliked because of your age, sex, race, national origin, religious beliefs, or disability;
4) You made a reasonable complaint to the company (or to an agency such as EEOC) that you believed you were being treated badly because of your age, sex, race, etc., management responded ineffectively and the environment became even more hostile. This is known as a unlawful retaliation claim.
5) You took leave under FMLA, sought overtime to which you believed you were entitled, sought a reasonable accommodation under ADA or filed a workers' compensation claim -- and thereafter were retaliated against by your employer via mistreatment, change of duties, etc.
6) You made a whistleblower complaint, and were thereafter subjected to a hostile work atmosphere.
Generally, unless you have one of these scenarios, you likely do not have a claim for a hostile work environment, and therefore do not have a claim of constructive discharge.
You've Come This Far, You Deserve Some Freebies!
HERE
ARE SOME OTHER ARTICLES YOU MAY FIND WORTHWHILE:
What is an ILLEGAL Hostile
Work Environment? Workplace Bullying Alone is Not Illegal in Pennsylvania
Employee Complaints and Retaliation - What is Legal and What is Illegal
FILING A CHARGE OF DISCRIMINATION IN PENNSYLVANIA - A FEW TIPS FROM CONTINGENT FEE LAWYERS
Employed "At Will": What Does That Mean? the Most Important Employment Law Principle - EXPLAINED
United States Employment and Discrimination Laws - An Overview by Pennsylvania Employment Lawyer
UPDATE on Recent and Pending Discrimination Matters Pertaining to LGBT-Rights from SCOTUS and EEOC
Believe You Have a Claim for Constructive Discharge?
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