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What is a constructive dismissal?

When a Chicago resident encounters a negative experience or negative individual, they may take proactive steps to avoid it or them so that their future is not impacted by the stress of the resulting experience. This is possible when a person can choose where they will go or who they will be with. When the negativity that they wish to avoid is in their workplace, however, they may have few options for improving their chances of avoidance.

A negative or hostile work environment may become intolerable for a person who depends on their job to support themselves and their family. When they can no longer manage the alleged discrimination, harassment, or abuse inflicted on them by their employers, supervisors, or co-workers, they may choose to leave their positions rather than put up with them. When this occurs a constructive dismissal may have resulted.

However, in order to pursue claims based on a constructive dismissal a person must be able to show that their employer violated employment laws regarding harassment, abuse, or discrimination: annoying or difficult employers who do not break the law often will not be found liable in constructive dismissal cases. Employees who allege constructive dismissals must meet a certain standard in order to prevail on their claims against their employers.

No employee should feel as though their only option is to leave their job in order to escape the treatment they receive from their superiors at work. However, employers also have rights to defend themselves against the damaging claims of their employees that the employers failed to properly deal with instances of discrimination or harassment. Individuals or entities involved in these and other employment law matters must seek legal advice from trusted attorneys.

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