Sometimes, the situation at a workplace is so unbearable – whether because of harassment, discrimination, or retaliation that is so severe and pervasive that no reasonable person could endure it – that an employee feels they have no choice but to resign or quit.
That is known as constructive discharge, and it is treated the same under the law as wrongful termination. At Porter Law, we can help you if you face these difficult circumstances.
Speak With An Attorney First
If you find yourself in that situation and you have not yet resigned, talk to a lawyer before handing in your resignation. Often, your best leverage or bargaining position for negotiating a severance package is the fact that your employer would like you to leave. If you have already left your employment, you lose that bargaining chip.
In those situations, if you can just hang in there a little longer, you might be able to negotiate a more lucrative severance package.
Unemployment Benefits Eligibility
If you do resign, you may be denied unemployment benefits, at least initially, because the Department of Unemployment Assistance (DUA) will normally deny unemployment benefits to someone who voluntarily quits.
If you find yourself in that situation, be sure to call a lawyer who can advocate with the DUA to explain that you had no choice but to quit because the situation at work was so unbearable that any reasonable person would have resigned. In many of those cases, the DUA will treat the resignation as an involuntary termination and award benefits.