unemployment constructive discharge
December 8, 2014 Unemployment No Comments

At the Law Offices of Kenneth P. Carp, our experienced attorneys are committed to helping individuals and companies in the St. Louis and St. Charles areas receive fair outcomes in cases involving unemployment benefits. If you are involved on either side of an unemployment dispute, please call our office today at (314)942-3005 to discuss how we can help you.

Unemployment cases can be complicated, especially when an employee claims that he or she deserves benefits and a compnay claims that he or she is not eligible for benefits. One common legal issue at the heart of many such cases is constructive discharge1.

Identifying Constructive Discharge

Generally, when employees voluntarily leave their job positions, they are ineligible to receive unemployment benefits while they look for new employment. However, there are some circumstances in which an employee may qualify for benefits even though they officially were the one who ended the employment relationship.

Construction discharge occurs when an employee quits a job position because of some type of adverse treatment on the job. The treatment must rise to the level that the employee felt they had no other option than to end their employment and, therefore, leaving the position is considered to be involuntary. The following are examples of treatment that may lead to constructive discharge:

  • Unlawful and persisting discrimination2 based on race, gender, religion, disability, or any other protected class
  • Unlawful and persisting harassment
  • Otherwise creating a hostile work environment
  • Unlawful retaliation, including discipline, demotion, or other adverse actions in response to lawful behavior

After quitting a job, an employee may fight for unemployment benefits by making a sufficient showing of constructive discharge.

Challenging Constructive Discharge Claims

As an employer, you may realize that employee may make false claims of constructive discharge in order to receive benefits for which they do not actually qualify. In such cases, you must make a sufficient showing that no discrimination, harassment, or retaliation took place and that no hostile work environment existed.

Whether you are an employee or an employer, you should always seek representation from an experienced St. Louis unemployment attorney, especially if claims of constructive discharge are involved.

1http://en.wikipedia.org/wiki/Constructive_dismissal

2http://www.eeoc.gov/laws/types/

 

Written by kennethpcarplaw@gmail.com