Constructive Discharge
In Illinois a constructive discharge occurs when an employee is forced to resign because the employer is making working conditions intolerable and hostile. Many times the hostile work environment will be the result of a complaint of discrimination that the employee files with the company--especially sexual harassment. Instead of taking the complaint on face value and investigating, the company will do things to make the employees life so miserable that the employee quits.
It is very important for an employee to keep a journal or log of events that are taking place and try to document these events. Companies will take many small negative steps toward an employee in the hopes the employee quits employment. Another reason for an employee to become constructively discharged is if an employee reports sexual harassment or another form of discrimination and the employer fails to act on the report and continues to allow the employee to be subjected to the sexual harassment.
It is very important for you to file a claim with the Illinois Department of Employment Security ("IDES")the same day or as soon thereafter as the day you leave your job. Just because you quit your job it does not mean you can't collect unemployment. The IDES will make that determination after learning all the facts in the case. I can help you understand your rights and file with the appropriate agency to maximize what money you may be able to acquire from your former employer.
With the down economy many companies are trying to get rid of employees they deem troublemakers or non-team players. Many times these are just code words for people who won't put up with sexual harassment or other types of discrimination in the workplace. If you are being singled out and feel like the company is trying to make you quit and you believe it is because you are standing up for your rights, contact my office.
My two offices can handle constructive discharge cases in Illinois. Call me at 312-505-5038 to discuss your case. There is no charge unless you recover.
Email your case to pmllaw@yahoo.com
It is very important for an employee to keep a journal or log of events that are taking place and try to document these events. Companies will take many small negative steps toward an employee in the hopes the employee quits employment. Another reason for an employee to become constructively discharged is if an employee reports sexual harassment or another form of discrimination and the employer fails to act on the report and continues to allow the employee to be subjected to the sexual harassment.
It is very important for you to file a claim with the Illinois Department of Employment Security ("IDES")the same day or as soon thereafter as the day you leave your job. Just because you quit your job it does not mean you can't collect unemployment. The IDES will make that determination after learning all the facts in the case. I can help you understand your rights and file with the appropriate agency to maximize what money you may be able to acquire from your former employer.
With the down economy many companies are trying to get rid of employees they deem troublemakers or non-team players. Many times these are just code words for people who won't put up with sexual harassment or other types of discrimination in the workplace. If you are being singled out and feel like the company is trying to make you quit and you believe it is because you are standing up for your rights, contact my office.
My two offices can handle constructive discharge cases in Illinois. Call me at 312-505-5038 to discuss your case. There is no charge unless you recover.
Email your case to pmllaw@yahoo.com
Illinois Sexual Harassment Attorney Blog - Constructive Discharge
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