New York Employment Lawyer Blog

Prospective clients call me all the time to discuss their potential cases with me. Often times, these cases sound fairly strong in terms of potential liability and damages. However, some of these clients tell me that they have already quit their jobs because they feel they have been "constructively terminated". The employee's decision to quit their job can be catastrophic to a potential lawsuit.

Employees who feel they are being constructively terminated should consult an attorney before quitting their job. These employees are often hurting themselves by cutting off their damages.

In the Second Circuit, an employee is constructively discharged when her employer intentionally creates a work atmosphere so intolerable that he or she is forced to resign involuntarily. Although specific intent is not a necessary element, if a plaintiff suing for constructive discharge cannot show specific intent, he or she must at least demonstrate that the employer's actions were deliberate and not merely negligent or ineffective. The test for constructive discharge is measured by a reasonable persons standard, meaning that whether the employer's deliberate actions rendered the employee's work conditions so intolerable as to compel resignation is assessed objectively by reference to a reasonable person in the employee's position.