Sometimes a hostile work environment occurs simply because the employees creating it have biases and bad attitudes. Sometimes a hostile work environment is more deliberate than that; constant harassment can be a way to coerce an employee into leaving his or her job. This practice is known as constructive discharge, and it is illegal. When an employee experiences an attempt at constructive discharge because of his or her sex, age, race, level of ability, religion, or nation of origin, it is a form of illegal discrimination.
Austin constructive discharge lawyer Andrew Traub helps victims of hostile work environments seek justice in a court of law. Contact them for more information.
How Do I Recognize Constructive Discharge?
Constructive discharge consists of unfair treatment that would cause any reasonable employee to quit his or her job. This treatment can take many forms, including:
- Sudden, unjustified demotion
- Withholding wages
- Excluding the targeted employee from important meetings
- Belittlement of the employee in front of others
- Consistent use of insulting, bigoted language towards or around the employee
Sometimes employers will try to use constructive discharge as a way to get rid of an employee they are prejudiced against without facing wrongful dismissal charges. When a person is a victim of an attempted constructive discharge, it can be difficult to determine what is happening and why. Justified termination, unpleasant work environments, and constructive discharge are very different things under the law, but in practice they can strongly resemble each other.
Constructive discharge is a form of wrongful termination. Forcing someone out of his or her job due to his or her sex, religion or other protected characteristics is grounds for a lawsuit. If you suspect you have been or are currently being targeting by a prejudiced employer, you will need a committed and knowledgeable attorney working for you. A strong Austin employment attorney can educate you about your rights and help you win your case.
To set up an initial consultation, contact us today.