Sometimes an employer creates an environment that is harmful and intolerable to the point that an employee is forced to make the difficult decision to quit. Perhaps an employee resigns because of discrimination or sexual harassment, or maybe in response to a demotion that came about because the employee previously brought attention to the matter.
Constructive Discharge Claims
In Texas, a constructive discharge claim may be filed if a reasonable objective observer would agree that working conditions are intolerable and would have felt the need to resign in the same situation. However, constructive discharge is narrowly defined and does not apply to all situations of employee resignation.
For example, if your work environment contains many factors that bother you and after a long time you finally decide to quit, this likely does not fall under the category of constructive discharge. The reasoning is, if the problem had bothered the employee enough, he or she would have quit as soon as the problem began to occur. In addition, if a person quits because an employer made an unpopular decision for necessary business reasons, constructive discharge is not applicable to the situation.
Especially in today’s weakened job market, making the decision to leave a job can be incredibly painful and difficult. However, sometimes a person feels that the work situation is so intolerable that he or she really has no other choice than to quit and seek employment elsewhere. If you or a loved one has faced a similar situation, the Houston employment lawyers of the Ross Law Group can provide legal advice. Contact us today at 713-482-6910.