New Jersey Constructive Discharge Lawyer

Fighting For Your Rights in New Jersey

Attorney Patricia Barasch represents New Jersey employees who have been constructively discharged by their employers. Constructive discharge occurs when an employer forces an employee to resign by creating or allowing such a hostile work environment that the employee cannot reasonably remain as an employee.

What Constitutes Constructive Discharge under New Jersey Law?

A direct discharge is when an employer initiates an employee’s termination. In contrast, a constructive discharge occurs when an employer allows a work environment to become so intolerable that although the employee resigned, the employer was effectively responsible for the employee’s resignation. Intolerable working conditions can result from extreme harassment or discrimination, or from an employer’s demands that the employee engage in unlawful conduct.

It is important to understand that the bar to establishing a constructive discharge is a high one.  It is not enough that you have experienced some unfair and discriminatory treatment or that you have been subjected to a certain amount of harassment. Instead, our New Jersey courts have held that, for there to be a constructive discharge, the conduct you have been subjected to must be “outrageous, coercive, and unconscionable.”

What Constitutes Intolerable Working Conditions?

Merely having a mean, insensitive, cruel boss or a bully of a coworker does not necessarily mean that your working conditions have become so “intolerable that you can quit your job and claim constructive discharge.”It will not be enough to merely show that your supervisor treated you poorly or that you were no longer happy in your position, or even that you were subjected to sexual or racial harassment. Rather, you must prove that the conduct you were subjected to was extreme, and, indeed, outrageous. To meet this standard, an average person in your situation would have similarly been compelled to resign. This, as we mentioned, is a high standard that is difficult to meet.

Moreover, in order to establish a constructive discharge, the courts will generally require that you’ve done everything possible to fix the situation before you’ve quit—for example, by going to Human Resources to raise your concerns and trying to get your concerns addressed.

Seek Counsel for Your Constructive Discharge Claim in New Jersey

If you feel you have no choice but to quit your job because of an intolerable work environment, we strongly recommend that, before you quit, you seek out legal counsel to review your situation and your options. . It is difficult, if not impossible, to “undo” a resignation. Speak with an experienced employment law attorney in order to assess whether our New Jersey courts would consider your working conditions to be so intolerable as to establish a constructive discharge. Experienced employment attorneys will also be able to assess whether you have given your employer sufficient time and opportunity to resolve the issues. Moreover, before you leave your job, an experienced employment lawyer may be able to help you negotiate a severance agreement with your employer.