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Mitchell Pollack & Associates PLLC

Constructive dismissals may give employees rights to seek damages

| Aug 4, 2017 | Employment Law for Employees |

Most New Yorkers have had to work at jobs that they did not enjoy. Whether in their youth or while between careers, it is not uncommon for a person to have a horror story of a terrible job they left because it was just too awful or awkward to continue. While bad jobs of this sort are not unusual, jobs that are made so difficult to continue due to the working conditions provided by the employers may provide those who are forced to leave them with legal remedies through employment law.

When a job is made so terrible because of the actions or omissions of the employer, the employee in the job may resign. While in many cases an employee’s decision to leave a job precludes them from pursuing wrongful termination claims, it may be possible for them to show that they were constructively dismissed from their work due to the overbearing challenges imposed by their unreasonable working conditions.

There are several elements of a constructive dismissal claim that an employee may have to meet in order to prevail. First, they must show that a reasonable person in their work would have felt it necessary to leave the position rather than to stay in the job and cope with the challenges presented. Second, they must show that their employer meant for them to resign from their job or that the employer knew that the employee was being subjected to intolerable working conditions.

If a person is constructively dismissed from their job, they may be able to sue their former employer for damages. This process can be complex and it can be of benefit to those pursuing constructive dismissal claims to allow employment law attorneys to assist them in their fights against their former employers. To learn more about employment law for employees, you may wish to visit our website.