Causes of Constructive Termination by:Ivonne Jade Agustin
Resignation is not always voluntary
Resignation is not always voluntary. Many workers resign due to harmful factors and adverse work conditions that affect them. These workers can file for compensation under constructive termination for the losses incurred by the sudden cut-off of their compensation.
Most employees resign not just because they face a hostile work environment but also because of unresolved or worsening employment disputes.
Employment Disputes
Complaints of employment disputes continue to grow as more and more people are treated unfairly by their employer, a co-worker, or a supervisor. Once proven, an employee can file for compensation for his expenses and losses incurred because of the abuse.
Here are common basis of employment disputes:
Harassment. Victims must not hesitate to file harassment charges even if the perpetrator is of the same gender. Harassment can manifest through derogatory remarks, written or printed materials that are sexual in nature or through verbal and physical conduct that are sexually suggestive.
Discrimination. The number of disabled and aged employees who complain about discrimination continues to grow. Discrimination is also commonly based on race, gender, sexual preference, and religion.
Whistle-blowing. Many corporations and companies engage in illegal transactions which defraud the government and other parties. Employees working for them can report these illegal acts and be protected under whistle-blowing laws which shield them from retaliatory acts to be done by their employer.
Minimum wage. Federal and state laws impose minimum wage to be received by a regular worker to provide for his necessities. It also ensures them of just compensation for their services rendered to the company.
Lunch and rest breaks. Not every state has laws which provide employees with the liberty of having lunch or rest breaks. But, employers in states where there are imposed lunch and rest breaks must comply with the law to avoid employment litigation.
Overtime. Workers who are not paid for their extra working hours can complain of overtime violations. They are required to be paid 150% of the amount they receive for their regular hourly rates. But some employers terminate workers to avoid exposing the discrepancies in overtime pay.
Some workers are terminated or are retaliated against for their queries regarding their salary. Also, complainants who allege discrimination, harassment, and violations of whistle-blowing doctrine in the workplace are often threatened with termination or violence.
After being subjected to such unfair treatment, it is important for the worker to hire a lawyer and file claims as soon as they can as the statute of limitations apply to their case.
Concerned Agency
There is no specific agency that accommodates victims of constructive termination.
For victims of discrimination and harassment, they can file their case with Equal Employment Opportunity Commission (EEOC). On the other hand, for people who are retaliated against and so are forced to resign because of his salary, they can go directly to the Department of Labor.
Handling constructive termination claims would require an expert in the field to successfully claim for the amount that the victim is asking for. Workers who resign because of the above employment disputes should immediately consult with a lawyer who can look into the merits of their case.
About the author
Our skilled employment attorneys are experienced in handling employment and labor law cases including constructive termination. For consultation, visit our website at
http://www.employmentattorneyservices.com/ and call our toll free number.
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