What to do if I’m considering resigning from my job due to working conditions becoming unbearable?

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What to do if I’m considering resigning from my job due to working conditions becoming unbearable?

I emailed my supervisor documenting in detail my concern for my position and less than 1 week later was repurposed to the lowest position within our contract. What are my legal rights (i.e. constructive discharge). What do I need to collect, documentation, etc?

Asked on January 6, 2013 under Employment Labor Law, Hawaii

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Sounds more like retaliation.  The type of "unbearable" conditions will matter here.  Are they violations of safety conditions?  Should you have reported them to OSHA?  Were they harassment claims and your supervisor refused to take action and instead retaliated by demoting you?  These could be discrimination claims.  I would speak with an attorney.  Bring the contract.  It will play a big part.  Good luck.


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