Constructive Discharge Claims: What Arizona Workers Need to Know
You may know that your employer cannot legally fire you for certain reasons. But what happens when your employer does not fire you? What if your employer is indirect and makes your working conditions so difficult that you feel you have no reasonable choice but to resign? This may be legally recognized as a constructive discharge that gives you a right to remedies.
Feel Like Your Employer Is Pushing You Out?
Before you resign, Arizona law generally requires 15 days’ written notice and a chance for your employer to fix the problem, skip that step and you could forfeit your claim entirely. With discrimination charge deadlines as short as 180 days, timing matters just as much as the facts of your case.
What is constructive discharge? It is typically treated the same thing as a job termination, and if you were pushed to quit for discriminatory or unlawful reasons, you can likely seek compensation and other relief. But you should consult a knowledgeable attorney before you make any rash decisions about your job that may forfeit your right to damages. At Shields Petitti & Zoldan, our employment law team has the respect of the legal community and decades of experience to protect you in any employment dispute.
Did You Know That Arizona Is an At-Will Employment State?
Arizona generally follows the at-will employment rule. This means that an employer or employee typically can end their work relationship at any time for almost any reason. In practical terms, an employer usually does not need “good cause” or give advance notice to terminate an at-will employee. However, at-will employment does not give employers unlimited authority, and there are certain exceptions to the rule.
What Are the Exceptions to At-Will Employment?
Several important exceptions can limit an Arizona employer’s ability to terminate an employee. Consider the following if you think you have been the victim of constructive discharge.
Violation of a Contract Term
Many employees don’t have a written employment contract, but if you do, your employer cannot lawfully fire you in violation of a contract term. If your employer states in a contract that you can be fired only for certain reasons or have the right to notice before a termination, and the employer does not follow those rules, you may have the right to sue.
Violation of State or Federal Anti-Discrimination or Anti-Retaliation Laws
In general, federal and state employment laws prohibit discrimination against employees because of protected characteristics, such as:
- Race,
- Color,
- Religion,
- National origin,
- Sex,
- Gender,
- Age (for workers 40 and older),
- Disability, and
- Genetic information.
These laws also prohibit retaliation against employees who participate in discrimination investigations or proceedings. Anti-retaliation laws also prohibit employers from taking adverse action against employees who properly report employer misconduct or refuse to work in certain unsafe conditions.
Under these employment laws, discrimination and retaliation can take many forms, including:
- Unwarranted discipline,
- Demotion,
- Pay cuts,
- Job termination,
- Denial of benefits,
- Harassment,
- Undesirable assignments,
- Refusal to hire, and
- Exclusion from job and training opportunities.
As you can see, many negative job experiences can be actionable, and legal protections can matter even when an employer never says, “You’re fired.” Below, we discuss the basics of what to look for when you ask, What is constructive discharge?
What Is Constructive Discharge in Employment Law?
Under Arizona law, constructive discharge generally occurs when you quit after:
- Being subjected to objectively difficult or unpleasant working conditions that become so severe that a reasonable employee would feel compelled to resign, and you give 15 days’ written notice of your intention to quit; or
- Your employer (or their agent) engages in outrageous conduct, and the conduct would cause a reasonable employee to resign.
Outrageous conduct that gives rise to a constructive discharge typically includes acts such as violent threats, continuous harassment, sexual assault, etc. And please note that you must give your employer a chance to fix the problem after giving notice if you want to quit because of unpleasant circumstances.
Your compliance with Arizona’s constructive discharge rules can affect whether your claim survives. So, you should consider speaking with an employment attorney before leaving (if it is possible and safe).
What Is Constructive Discharge in Family and Medical Leave Act Situations?
The Family and Medical Leave Act (FMLA) gives eligible employees 12 weeks of job-protected leave for certain serious family and medical reasons (e.g., welcoming a new child, handling a serious illness, or addressing a family member’s military obligations).
Eligible employees generally must have:
- Worked for the employer for at least 12 months,
- Worked at least 1,250 hours during the preceding 12 months, and
- Worked at a location where the employer has at least 50 employees within 75 miles.
Employees generally have a right to return from FMLA leave to the same or a virtually identical position with the same pay, conditions, and benefits.
A constructive discharge may occur if your boss denies some or all of your proper leave request, and you have to quit your job to tend to a serious personal or family matter. A constructive discharge may also occur in an FMLA case if your employer harasses or mistreats you after you return from leave, or if the working conditions you come back to are significantly different from the conditions you had before your leave.
Different job conditions that may constitute a constructive discharge include:
- Having to handle tasks for which you have not received training,
- Receiving lower pay or fewer benefits,
- Having to work in a location that is significantly farther away than your previous location, and
- Receiving only temporary employee status when you had permanent status before.
Determining what constructive discharge is in employment law and FMLA matters is highly fact-specific, and the facts should be reviewed by an experienced attorney.
How Can ADA Violations Lead to Constructive Discharge?
The Americans with Disabilities Act (ADA) forbids disability discrimination and may require an employer to provide a reasonable accommodation to a qualified employee. However, an employer is not required to accommodate an employee if the accommodation causes the employer undue hardship.
If an employer unlawfully denies an accommodation, such as modified work equipment or disability-related leave, the employee’s work environment might be too untenable to stay. Or if the employer subjects an employee to harassment based on their disability, those circumstances may support a constructive discharge claim.
What Is a Constructive Discharge Claim?
If you are the victim of unlawful mistreatment at work and are forced to resign, you likely have the option to file an administrative complaint or sue. In cases of discrimination, you can file an administrative complaint with the U.S. Equal Employment Opportunity Commission or the Arizona Civil Rights Division (ACRD) of the Arizona Attorney General’s Office.
What is a constructive discharge claim worth? Depending on the law and facts, relief can include:
- Back pay,
- Compensation for related financial losses,
- Job reinstatement,
- Payment for emotional distress,
- Front pay, and
- Attorney and legal fees.
Some intentional discrimination cases can also permit compensatory and punitive damages, subject to statutory limits.
Deadlines for some of these cases can be short. For example, Arizona law generally requires a discrimination charge to be filed within 180 days. And federal discrimination charge deadlines may be 180 or 300 days. So, speaking to an attorney right away about a constructive discharge can be crucial for preserving your claim.
We Can Protect Your Livelihood
Shields Petitti & Zoldan, PLC, represents employees in Phoenix and throughout Arizona in employment matters involving wrongful termination, workplace discrimination, workplace retaliation, and other workplace disputes. Our attorneys bring more than 50 years of combined legal experience and have recovered nearly $25 million in settlements for our clients.
If you believe your employer is trying to force you out, you do not have to guess about your next move. Contact us by phone or online to discuss your situation.
