Constructive Discharge

What is a Constructive-Discharge?

Constructive-Discharge Lawyer Peter Lasorsa can help if you quit your job.   Constructive-Discharge occurs when you are forced to resign because the employer made working conditions intolerable. Many times the hostile work environment will be the result of a complaint of discrimination that the employee files with the company–especially sexual harassment. Instead of taking the complaint on face value and investigating, the company will do things to make the employees life so miserable that the employee quits. The standard utilized by investigative agencies when determining whether or not there was a constructive discharge is the reasonable person standard. Another words, would a reasonable person in similar circumstances act this way and quit their job.

Things you can do to help yourself

It is very important for an employee to keep a journal or log of events that are taking place and try to document these events and thereby help their Constructive-Discharge case. Companies will take many small negative steps toward an employee in the hopes the employee quits employment.

You can become connstructively discharged if you report sexual harassment or another form of discrimination and the employer fails to act on the report. This allows the horrible working conditions to continue and thus affects the employee in a negative way.

Unemployment Issues

You must file a claim with the Illinois Department of Employment Security (“IDES“) the same day or as soon thereafter as the day you leave your job-or suffer a Constructive-Discharge.  Just because you quit your job it does not mean you can’t collect unemployment. The IDES will make that determination after learning all the facts in the case. I can help you understand your rights and file with the appropriate agency to maximize what money you may be able to acquire from your former employer. Additionally, by filing for unemployment, you are mitigating your damages and the company can’t later claim that you didn’t try to mitigate your damages. This helps increase the amount of money you can ask for as part of your damages. This also helps keep money coming in to pay the bills while your case is proceeding.

With the down economy many companies are trying to get rid of employees they deem troublemakers or non-team players.  Many times these are just code words for people who won’t put up with discrimination in the workplace. 

Where claims are filed

Constructive-Discharge claims are another form of discrimination. It takes an experienced employment trial attorney to navigate the Illinois Department of Human Rights (“IDHR“).   Make sure your claim is maximized. I am at the IDHR in Chicago every week and work well with most of the investigators. There is a real advantage to having an attorney that is at the IDHR often. I know what questions the investigators are going to ask and I know what evidence they need. This information will help ensure your case gets the maximum value. This is just one of the many tips I can give you regarding your Constructive-Discharge claim.

My office can handle constructive discharge cases in Illinois. Call me at 312-505-5038 to discuss your case. There is never a charge to discuss your case on the phone and there is no charge unless you recover.

Email your case to plasorsa@gmail.com