September 2, 2023
Forced to Quit Your Job? Know Your Rights and Protections
Losing your job can be a difficult and emotional experience. It becomes even more challenging when the decision to leave is not voluntary, but rather forced upon you. In this article, we will explore your rights as an employee in such a situation and provide guidance on how to navigate this difficult period.
Forced resignations can occur due to various reasons such as workplace harassment, discrimination, or unfavorable working conditions. It’s important to identify the underlying factors that led to this decision and evaluate whether they align with legal regulations in your jurisdiction.
What is it called when you feel forced to quit your job?
When you feel forced to quit your job, it is often referred to as “constructive dismissal” or “constructive termination.” This occurs when an employer creates a hostile or unbearable work environment, making it difficult or impossible for an employee to continue working. It may involve actions such as reducing pay, changing job responsibilities without justification, or subjecting the employee to harassment or discrimination. While not always easy to prove, constructive dismissal can have significant legal implications. If you find yourself in this situation, it is important to consult with an employment lawyer who can provide guidance based on the specific circumstances of your case. Remember, you have rights as an employee and should not be forced into quitting a job due to unfair treatment.
What is Constructive Discharge?
People may refer to constructive discharge as “being forced to quit,” “quiet firing,” “being pushed out of a job.” These are all references to the legal doctrine of constructive discharge or constructive dismissal. Constructive Discharge is a form of wrongful termination that occurs when an employer makes the working conditions intolerable or takes deliberate actions to force an employee to quit, rather than outright terminating them. Essentially, the employer creates an environment or set of circumstances where the employee feels they have no other choice but to resign. It serves as an alternative tactic to direct termination but is equally damaging, and illegal, when rooted in discrimination.
What steps should you take if you feel like you’re being forced to quit your job unfairly?
If you feel like you’re being forced out of your job unfairly, take these steps to protect your rights: document any incidents, gather evidence, consult with an employment attorney to understand your legal options, and consider filing a complaint with the appropriate government agency.
What is Constructive Discharge?
People may refer to constructive discharge as “being forced to quit,” “quiet firing,” “being pushed out of a job.” These are all references to the legal doctrine of constructive discharge. Constructive Discharge occurs when an employer makes the working conditions intolerable or takes deliberate actions to force an employee to quit, rather than outright terminating them. Essentially, the employer creates an environment or set of circumstances where the employee feels they have no other choice but to resign. It serves as an alternative tactic to direct termination but is equally damaging, and illegal, when rooted in discrimination.
Landmark Ruling by Minnesota Supreme Court
Minnesota is a state renowned for its strong work ethic and sense of community. Employees often dedicate many years, if not decades, to the same employer, fulfilling job duties diligently. Unfortunately, loyalty and strong job performance do not always protect employees from various forms of employment discrimination, including age discrimination, race discrimination, religion, disability discrimination, national origin, sex discrimination, marital status, familial status, sexual orientation, or gender identity. One pernicious form of adverse action stemming from employment discrimination that has garnered recent attention is Constructive Discharge—being forced to quit your job—which is not only unethical but also illegal under Minnesota law.
In February 2023, the Minnesota Supreme Court delivered a landmark ruling in favor of employees. In the case of Henry v. Independent School District #625, the court ruled that an employee who has been forced to resign—“constructively discharged”—due to illegal discrimination has the right to sue their employer. The court’s opinion stated:
The requisite objectively intolerable conditions for constructive discharge based on disparate treatment can occur when an employer acts in a manner so as to have communicated to a reasonable employee that she will be terminated, and the plaintiff employee resigns. In other words, a … constructive discharge can occur where, due to the employer’s illegal discrimination in the form of unfavorable treatment based on the employee’s protected status, the handwriting is on the wall and the axe was about to fall.
Henry v. Indep. Sch. Dist. #625, No. A21-0004, 2023 WL 1807744 at 11 (Minn. 2023)
This ruling broadened the scope of what constitutes a constructive discharge by indicating that intolerable conditions necessary for such a claim can differ between disparate treatment and a hostile work environment. It means that an employee need not prove the existence of a hostile work environment if they can demonstrate that they were forced to quit due to unfavorable treatment based on their protected status.
Criteria for Forced Resignation Claims
In this ruling, the court clarified that the employee must prove either that the employer’s actions were intended to force them to quit or that their resignation was a reasonably foreseeable consequence of those actions. If enough evidence is presented to substantiate either, a constructive discharge claim can be substantiated.
Typical Actions Leading to Constructive Termination
The court provided examples of actions that could result in constructive discharge:
- Use of repetitive or unachievable Performance Improvement Plans (PIPs)
- Exaggeration or fabrication of performance issues
- Discriminatory remarks made to or about the employee
- Disproportionate reprimands compared to other employees
- Threats of physical violence
- Imminently unsafe or dangerous workplace conditions
Can lowering pay or demotion be considered constructive termination?
Lowering pay or demotion can potentially be considered as constructive termination if it is part of a pattern of unfavorable treatment based on the employee’s protected status. Therefore, if the employer intentionally lowers the pay or demotes the employee with the intention of forcing them to resign, or if it is a reasonably foreseeable consequence of those actions, then it could be considered constructive termination. However, each case would need to be evaluated under state laws or federal laws and based on the specific circumstances and evidence presented.
Legal Recourse Under the Minnesota Human Rights Act
Constructive discharge, which occurs when an employee is forced to resign due to intolerable working conditions, can constitute employment discrimination under the Minnesota Human Rights Act. If an employer’s deliberate actions related to a protected characteristic, such as race or age, led to an employee’s constructive discharge, legal recourse is available. The law offers protection to employees who face discriminatory practices in the workplace and provides them with a means of seeking justice. If you believe that you have been constructively discharged due to discrimination, it is important to seek legal advice from an employment lawyer and pursue a claim of employment discrimination.
Can you collect unemployment if you were forced to quit your job?
Yes, if you were forced to quit your job due to circumstances that would be considered constructive termination, you may still be eligible to collect unemployment benefits. In many cases, if you can provide evidence to support your claim of being constructively discharged, the unemployment agency may deem it as a valid reason for leaving your job and approve your unemployment benefits, particularly if the circumstances would support a wrongful termination claim. However, it is important to consult with an employment attorney or seek legal advice to understand the specific rules and requirements in your jurisdiction. you may be eligible to collect unemployment benefits if you were forced to quit your job. However, eligibility criteria vary by state, so it’s important to check your specific state’s guidelines to determine if you qualify. Additionally, if your employer has a severance pay program, you may be eligible to severance pay. You will also be eligible for COBRA continuation of health benefits.
Contact Wanta Thome Employment Lawyers
In cases of employment discrimination leading to constructive discharge, expert legal counsel is indispensable. Wanta Thome is dedicated to advocating fearlessly for workers who have experienced such discrimination. If you believe you have been constructively discharged, it is crucial to consult an experienced employment lawyer.
If you find yourself in a situation where your job is trying to force you to quit through intolerable conditions forcing you to resign, know that the law is on your side. Take action, contact us, and exercise your right to a discrimination-free workplace.