Sunday, November 4, 2012

Constructive Discharge


If you were forced to quit a position because your employer made your job miserable, you may be entitled to damages based upon your employer's action.

In order to prevail, your lawyer must be able to prove that your employer deliberately caused your working conditions to be intolerable, thereby forcing her to quit.


To prove constructive discharge, a plaintiff must demonstrate that (1) a reasonable person in her situation would find the working conditions intolerable and (2) the employer intended to force the employee to quit.
The element of intending to force the employee to quit is satisfied if the employer could have reasonably foreseen that the employee would quit as a result of its actions.

Gavin v. Rogers Technical Services, 276 Neb. 437 (2008)

A Nebraska Employment attorney like Angela Madathil at Madathil Law office can help you prove you are eligible for damages if the elements of the harassment or constructive discharge claim can be proven.

If you live in Omaha, Lincoln, Lancaster County, Douglas County, Otoe, or Cass Counties and you need an employment law attorney, consider contacting Angela Y. Madathil and the Madathil Law Firm. 

Contact us at angela@madathil-law.com or by telephone at 402.577.0686.  For more information feel free to look at our website www.madathil-law.com.


Image from here.


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