In today’s time, our professional life takes the first priority and we are ready to do any kind of compromise to sustain a good job and rise on the ladder of our careers. It is true that many of us put immense effort into our work and leave no stone unturned to make sure that we are successful in our profession.
When there is so much depends on our jobs (from our self esteem to well being, from social status to our happiness quotient) it comes as a setback when our beloved job goes out of our hands. The situation may go really grim and disappointing when you become a victim of negativity of constructive discharge or wrongful dismissal. Yes, there are many people who become a victim of constructive dismissal attributing to the abusive atmosphere at working place. People feel really disheartened and de-motivated when such things take place in their professional life, when they feel target of conspiracy (it may surprise you but working world see more conspiracies than a daily soap opera). On one hand, most of time people remain ignorant about it till the situation becomes out of control and secondly without any guidance they feel miserable and helpless. You may feel trapped and humiliated where everything goes against you and you can do nothing about it. Such cases are becoming quite prevalent in modern world and hence you need to be on your toes always.
This depressive and utterly inhumane practice continues leading to more and more troubles for a person from loss of job to financial problems. The psychological effect is also colossal and agony seems to be beyond repair. The person who face constructive discharge feel shattered on every front from professional to financial. In such situations, if you remain proactive and keep taking steps in the right direction, you still can emerge not only as a survivor but a winner!
In this article, we are going to shed some light onto this sphere of constructive discharge, particularly due to abusive atmosphere. So first of all, let’s delve deeper into what we mean by constructive discharge or wrongful dismissal and its various facets:
- Policy created for creating problems Without any doubt, every company or organization looks for its own betterment and their profits tends to be their main priority. To meet their objectives they tread on the path that is profitable to them but detrimental to their employees. If you are facing such oppressive atmosphere at your workplace because some policies that have been introduced by your employer for complicating your working environment then you can demand for compensation. It is obvious that you have to prove your case and that is why evidences are very important. Here, you need to make sure that you have a copy of the document that proves that there are certain policies of the organization which are making the work load and atmosphere unbearable for you and act as hurdle in sustaining the job. In addition to this, many of us become ignorant about the employment contract – you should demand to have fair terms and conditions right away when you start your new job, and if there are some complications emerging due to that, you can seek its clarification or justification from your employer. If unbearable conditions persist in your work settings then it is imperative that you take stand and make way for justice.
- Direct or indirect actions leading towards intolerable working conditions It is a very complicated situation when a person can’t perform his/her duties as many factor start hampering his/her psychological, emotional and professional spheres, attributing to working conditions. There are many cases that can be considered as mistreatment, for example if your co-workers are creating problems, and after complaining several times to your superiors, no action are being taken against such person(s). In this case you may consider resigning from your work. Under such situation, you are qualified to claim for compensation on the basis of constructive discharge. If the case is proven, you will be eligible to get compensation for mistreatment on your work front, so make sure that you don’t take such things carelessly.
- Mistreatment by your boss or on his/her behalf There are many cases when people face serious problems because their employer wants them to be removed from organization with direct or indirect involvement. It can become evident in the attitude or behavior of the employer. Increase in work load, reduction in salary, taking away authority etc – these are just some of the signs that may show employer’s negative attitude towards the targeted employee. Pressure and stress can force the person to finally quit the job. Clearly such conditions are not justifiable at all and such a person in such situation needs to be compensated. For that it is always crucial to locate an apt wrongful dismissal lawyer in order to get right guidance. You should also keep track of the documents and proofs that can come to your rescue if you ever file a case against your employer. Here you can keep salary slips, written instructions etc that demonstrates oppressive attitude of the employer.
- Change in working shift without agreement There can be changes in work shifts if there is prior agreement with an employee is i place. Without such agreement, your employer can’t demand changing shifts as it can affect personal life of an employee. If you are facing problems in your life caused by certain changes in your work shifts, then you may consider having a consulation with an employment attorney.
This story doesn’t end here! Above mentioned points is only the beginning of grimness of abusive environment as there are worse situations which might crop up in working area, such as sexual harassment and discrimination which are not only dehumanizing but also against the human rights, and scream out for prompt actions if you are a victim of such situations. This kind of situations are listed below:
- Sexual Harassment Nobody likes to be parted from their job in which they invest so much of their time and effort. The situation is more disappointing when one faces sexual harassment in their work settings. There are many aspects of sexual harassment such as sexual comments, physical touches against your will, messages and many other things. You should complain to your superiors about such actions. If the situation remains the same, you may consider quitting your job and hiring a constructive dismissal attorney for securing compensation.
- From your boss If your boss is behind such acts then the situation is very complicated, as all departments are controlled by your employer. Under such circumstances, you may complain about your boss to the board of directors. You have to give them sufficient time period for taking strict actions. If nothing happens in your favor then you can consider leaving your job and in that case you have a right to file a case against your employer. Indubitably, such cases are quite intense and stretch for long, hence you should be ready for grueling legal struggle ahead. Here your decision of hiring an experienced attorney can help you a great deal. It is of prominent importance that you are taking support and services of well-recognized legal professionals.
- From your co-worker(s) If people who are working in the same organization are doing such acts – you should put your case in front of the Human Resource department and your boss. If you still face such mistreatment, you can leave your job and get legal help for securing sufficient compensation.
- Limited resources Many people face serious problems in their working area because of limited resources, which is not enough for completing their work on time. If you have demanded for basic resources which are required to maintain workflow or completing assigned work and they were not provided on time, it really may complicate your work life. This can be a part of constructive discharge that forces an employer to quit the job. Such person can feel stains and stress on every front of his/her working conditions which can turn abusive overtime. If you are facing such situation, you can resign from your job and opt for legal aid.
- Avoidance of contract Work contract is the most crucial document, as your assigned duties and other important information is provided in there. But if you have to work more than your assigned duties and/or you are getting salary less than that offered in your contract – you have very a strong case of constructive discharge. Your employer might ask you to work more than what you were hired for or change your working shift i.e. day shift to night shift without any agreement. All these things can create unfriendly work environment which can be hostile for an employee.
- Discrimination We are now a part of the global village which showcases universality and equality. But the reality diverts from these principals as there are many people who still face discrimination. If you are facing any problems in your workplace related to your sex, age, disability, race or religion, then you can demand for compensation for your suffering. Most people can’t work under such conditions as it affects their productivity, self esteem and mental peace, and eventually they quit their job. If you are such person then you may consider demanding compensation for such abusive working conditions.
What is At-Will Employment, its repercussion on your compensation?
If you are voluntarily leaving your job without any reason then it is called At-Will Employment. There are many reasons why people opt for At-Will Employment but the main reason is a better job opportunity. If you are opting to leave your job without any concrete reason then you can’t apply for constructive discharge or unemployment benefits.
What actions can be taken against an employer for Constructive Discharge?
There are many types of penalties which can be taken against your employer for conducting constructive discharge, such as:
- Your employer is demanded to pay your wages as per the court verdict.
- Pay full salary from the dismissal until you are re-hired by another employer or secure another job.
- Expense for pain and suffering, occurred due to loss of job (including medical bills and other expenses)
- Disciplinary actions against an employer, preventing from taking the same actions or creating the same situations again.
Importance of hiring a wrongful dismissal attorney
Most people never pay attention to their case and that is why they don’t hire legal services, but that is not the right approach. All cases are very complicated and they it’s very important that they are filed with proper paperwork. That is why you should hire a lawyer before filing your case. You have to understand each part of your case thoroughly so you can file a sufficient claim. It is impossible for most people to calculate the rightful compensation amount. Therefore, it is recommended not to waste any time and hire an experienced attorney to start enjoying best suitable compensation for your constructive discharge as soon as possible. Here are some questions that you may want to ask your attorney:
- Can I file a claim against my employer?
- Can I refuse re-hiring offer from my employer after winning lawsuit?
- How much time it will require to completing my case?
- Can I take long-term job while there is lawsuit going on?
You should always provide true and accurate information to your attorney as that is the only way to enjoy the best compensation without wasting any time.