Should I pursue a Constructive Discharge case?

UPDATED: Oct 1, 2022

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Should I pursue a Constructive Discharge case?

I quit my job due to extreme emotional distress. I was being pushed out and felt I’d
be fired within weeks. I was physically ill. They posted my job online. They treated
me with hostility. No disciplinary action. Severe company infractions in regards to
OSHA State Dental Regulations not being followed. I was an area leader and the
staffs lost faith in me when I asked them to break the rules as instructed.

Asked on March 20, 2018 under Employment Labor Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you did not have a written employment contract for a defined period of time which was violated by the company's actions, you were an "employee at will" and had no rights at or to your job. Your employer could make the job as unpleasant as they liked; they could "push you out"; they could post your job to replace you; they could be hostile to you; they could have simply terminated you. As an employee at will, you don't have any claim for wrongful discharge (whether constructive or not) unless you were terminated or discriminated against or harassed for one of a handful of specifically defined discriminatory reasons, such as your race, national origin, sex, age over 40, disability, or religion. (If you were targeted for one of those reasons, contact the federal EEOC or your state's equal/civil rights agency.) Therefore, without a contract, unless you illegally discriminated against, you would not have a viable case, even if the work place was hostile and pushing you out.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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