The elements of a constructive dismissal claim

On Behalf of | Mar 21, 2019 | Wrongful Termination |

Wrongful terminations can be based on a number of factors, including but not limited to discrimination, retaliation, violations of employment contracts and others. All across Minnesota workers may be released from their jobs and may wonder if the grounds on which their terminations were based were valid or in violation of state and federal laws. When such situations arise, individuals in such difficult positions can seek the counsel of employment attorneys.

However, not every employer who wants to fire an employee for a wrongful reason will actually terminate them. In fact, some employers seek to make their undesired employees so uncomfortable at work that the employees choose to leave on their own volition. When an employer creates an intolerable work situation for an employee with the intent of driving them out or the knowledge of the terrible conditions, a constructive dismissal may occur if the employee leaves their job.

Employers who engage in these despicable tactics may feel as though they are within their rights because they do not technically fire their workers. However, when a worker can demonstrate that their employer created the excruciating situation in which they were forced to work and that the employer intended or knew about those conditions, the worker may have a valid legal claim under the law.

Constructive dismissals are a form of wrongful termination and can be difficult to spot since actual firings are not part of the employees’ cases. Building a claim based on a constructive dismissal can take a lot of work to find and use evidence of workplace harassment, intolerable conditions and employer knowledge of the employee’s situation. An employment law attorney can advocate for a person who was forced out of their job by an unscrupulous employer.