San Antonio Constructive Discharge Attorney
When an employee resigns from his or her job in an effort to escape sexual harassment from an employer, this action is called constructive discharge. Sexual harassment and discrimination are both considered to be actions that may render a workplace intolerable for the victimized employee and serve as the driving reason behind that employee’s resignation. No one should have to resort to constructive discharge as a way to avoid being a victim of sexual harassment.
If you have quit your job due to harassment from your employer, you have the right to claim for constructive discharge. The San Antonio constructive discharge attorneys of Melton & Kumler, LLP can help you seek compensation for this violation of human rights. Please contact their law office today at 800-681-6932 to find out how we can assist you.
What are legally justified reasons for filing constructive discharge?
Legally speaking, in order for a constructive discharge to be justified, the working conditions of the resigned employee must have been at such an intolerable level that any reasonable person would have left the job. The employee who brings action against the company must have evidence of such circumstances. Typically, there are four factors that must be present for a valid constructive discharge argument:
- There must have been a recent change in working conditions that has rendered them intolerable
- The time between the change and the resignation must be small enough to give reasonable reason to believe that quitting was a result of the new working conditions
- The change must be one that would cause any reasonable human to quit
- The change was intentionally caused or approved by the employer
Common working conditions that give reasonable justification to quitting include the following:
- Failure to distribute a deserved paycheck
- Harassment of any form
- Victimization
- Changing the terms of employment
The San Antonio constructive discharge attorneys of Melton & Kumler, LLP can help you determine if your specific situation meets the requirements for a valid constructive discharge case.
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If you have quit your job due to workplace harassment or discrimination, then you may have good cause to file for constructive discharge. contact the San Antonio constructive discharge attorney of Melton & Kumler, LLP today at 800-681-6932 to find out how we can help you get started on your case.