Phoenix Constructive Discharge Lawyers
When an employer makes your work environment so unbearably unpleasant that you feel like your only option is to quit, you may have a claim for constructive discharge.
And along with a claim for constructive discharge, you might have the right to receive multiple work-related benefits and financial compensation.
You can determine whether you are being forced to resign by speaking to one of our experienced Phoenix constructive discharge lawyers at Shields Petitti & Zoldan, PLC.
We are the top plaintiff employment lawyers in Phoenix, and we are highly respected in the Arizona employment law community. Talk to us when you want a fierce and well-seasoned advocate.
When Is Quitting Actually Constructive Discharge?
Under Arizona Law, a constructive discharge occurs when one of the following happens:
- An employee quits because their workplace is so objectively unpleasant or difficult that a reasonable employee would have felt forced to resign; or
- An employee quits because their employer’s conduct is so outrageous (e.g., harassment, assault, threats of violence, etc.) that a reasonable employee would have believed that resigning was necessary.
The above-listed conditions can take on many forms. Some employers begin to harass their employees in an attempt to force a resignation.
This harassment could include a consistent pattern of name-calling, insults, physical intimidation, or exclusion from opportunities and events.
An employer that wants you to quit might separate you from your colleagues or move you to workspaces that are incredibly uncomfortable (cold, dark, poorly maintained, etc.).
Or an employer might try to achieve a constructive discharge by reducing your benefits or giving you undesirable work assignments.
If you have been enduring an outrageous or objectively unpleasant work condition but have not yet left your job, do not rush into quitting. Arizona’s constructive discharge law typically cannot protect you unless you speak to your employer about the unpleasant or outrageous behavior in your workplace.
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Employee Obligations Under Arizona’s Constructive Discharge Law
Before you resign from a job that has become untenable, you must do the following to safeguard your rights:
- Give written notification to your employer or their representative about the objectively unpleasant or difficult work conditions,
- Give your employer 15 days to submit a written response to your notice, and
- Read and think about your employer’s response.
After you have taken these steps, you can likely leave your position and take legal action against your employer for a constructive discharge.
However, you do not have to send notice if your employer has not given you written information about Arizona’s constructive discharge law or conspicuously posted information about the law in the workplace.
And if behavior at your workplace is so unbearable that you cannot work there while you wait the requisite 15 days for your employer to respond to your notice, you can request unpaid or paid leave to cover your absence during the waiting period.
Crafting a notice that properly identifies the conduct that constitutes a constructive discharge and determining the appropriate recipient for your notice are vital to your case.
But one of our skilled forced termination attorneys can draft the most effective notice for you and deliver it to the correct party.
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How Can Proving a Constructive Discharge Help Me?
Although Arizona is an at-will employment state, employers cannot fire their employees for reasons that are against state law or voluntary employment contracts.
Some employers try to find their way around these prohibitions by making their workplaces so untenable that employees choose to quit. This is illegal.
A constructive discharge is unlawful and could entitle an employee to financial damages or other legal relief if it was motivated by one of the following:
- The employee’s reporting of or refusal to engage in illegal activity at work;
- The employee’s race, national origin, pregnancy, sex, age (40 or older), color, religion, or disability;
- The employee’s submission of a workers’ compensation claim;
- The employee refusing the employer’s attempt to extort gratuities or fees;
- The employee’s exercise of voting rights;
- The employee’s choice or refusal to join a labor union;
- The employee refusing an employer’s coercion to buy supplies or goods from a particular vendor;
- The employee’s service on a jury;
- The employee’s military service;
- The employee’s submission of a wage claim; or
- The employee taking legally protected leave.
Proving that your employer constructively discharged you could also help you receive unemployment benefits that are typically unavailable to employees who quit.
The time limit for filing a constructive discharge claim depends on the nature or basis of your firing.
You should speak to one of our forced termination lawyers immediately to help ensure that you do not miss your deadline.
What Remedies Can I Recover in a Constructive Discharge Case?
The legal relief available in a constructive discharge claim depends on the specific facts in your case.
In a successful complaint, you might win the following:
- Lost wages,
- Compensation for pain and suffering,
- Punitive damages,
- Payment for related out-of-pocket expenses, and
- Injunctive relief.
Your entitlement to these remedies also depends on the strength of your evidence. So, as soon as you suspect your employer is compelling you to quit, you should start taking detailed notes about the conditions in your workplace and gathering correspondence, employment records, witness information, and receipts to support your case.
How Do I File a Constructive Discharge Claim?
Once again, how you file your constructive discharge claim depends on the nature of your case. If your claim is a job discrimination or retaliation claim, you can file a complaint with the Arizona Civil Rights Division.
And in many cases, you can take legal action by filing a lawsuit in civil court. Your constructive discharge attorney in Phoenix can give you the best course of action for recouping damages and relief.
Call Our Phoenix Constructive Discharge Attorneys Today
Shields Petitti & Zoldan has the experience to hold your employer legally accountable for its unlawful actions, and we are not afraid to fight.
We have over 30 years of experience, and we are top attorneys in the Phoenix legal community. If you are facing a constructive discharge, we can help ensure that you receive the maximum compensation for what you have endured.
Please call us today or contact us online for help.
Our experienced employment law attorneys are also able to assist you with the following cases:
- Arbitration and Mediation
- Breach of Fiduciary Duty
- Business Litigation
- Business Contract
- Employee Advocacy
- Employer Counseling
- Employment Litigation
- Hostile Work Environment
- Medical and Disability Leave
- Sexual Harassment
- Small Business Consulting
- Wage and Hour Violation
- Whistleblowing
- Workplace Discrimination
- Workplace Retaliation
- Wrongful Termination