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Can A Person Who Quits A Job Sue For Wrongful Termination?

Can A Person Who Quits A Job Sue For Wrongful Termination?

Deciding to quit your job is tough. If you quit your job, that doesn’t prevent you from filing a lawsuit against your employer; it’s important to make sure you follow the law. Termination law professionals suggest speaking with a wrongful termination attorney if you’re unsure whether or not you have a legal claim.

However, you need to be sure that your claim is legitimate. Speaking with a wrongful termination attorney could help you get the most out of your wrongful termination claim.  

If you were illegally discriminated against, had to deal with sexual harassment, or were working in intolerable conditions,  you may be able to sue for damages. However, you must follow any company policies relating to employee complaints before leaving your job. Doing so will give you a better chance of winning your claim. 

When You Can’t Sue For Wrongful Termination

How you leave your employer will determine if you have a legal basis for suing your employer. It is more difficult to secure unemployment benefits when you quit your job. That’s why termination law experts suggest consulting with an employment lawyer before starting your claim.

At-Will Employment

Each state’s termination laws vary. In most instances, your employment is what is called “at-will.” That means that your boss can terminate your employment when they have a good reason or even for no reason at all. “At-will” rights also extend to employees as well. 

In these instances, it’s only wrong for them to fire you for an unlawful reason. If you were fired for an unlawful reason, you may be entitled to a wrongful termination claim.

Suing Your Former Employer

If you’re harassed or treated so poorly at your job that you’re forced to quit, you still could be entitled to a wrongful termination claim. This is what is often referred to as a “constructive discharge.”

Often courts can overlook that an employee voluntarily quit when the employer’s conduct was unlawful. In these cases, they treat the resignation as wrongful termination. 

Constructive Discharge

Each state’s terminations laws vary, but you’ll need to establish the following for most constructive discharge claims:

  • The employer’s working environment was so intolerable that any reasonable employee would be forced to quit
  • The employer knew about the problems in the working environment (or caused them) and allowed them to continue or refused to act.

Statute of Limitations for Wrongful Termination

Each state limits how long you have to bring a wrongful termination claim. This is called the statute of limitations. In some states, you only have a year. Don’t delay; speak with a wrongful termination lawyer for a free consultation. 

Illegal Discrimination

Being illegally discriminated against at your job can be against state and federal laws. Even if you leave your job due to illegal discrimination, you may be able to sue for illegal discrimination under federal labor laws. Federal laws prohibit companies from discriminating against employees who fall within a protected class.

You must first file a charge with the Equal Employment Opportunity Commission (EEOC). You’re not required to have a lawyer file an EEOC charge, but they can help you navigate the laws that govern these types of claims. 

Suing Your Former Boss

If you want to sue your former boss, manager, or supervisor, it’s important to work through your company’s policy on discrimination and harassment before quitting. Notifying human resources, and giving your employer the chance to correct the problem, will benefit your case if you decide to file a claim.

When Employers Are Not Liable

An employer may not be liable in certain constructive discharge cases if:

  • They took no negative actions toward you
  • They took reasonable care to prevent and correct their negligible behavior )
  • You unreasonably failed to take advantage of the preventive or corrective opportunities in your company’s HR policies.

Wrongful Termination Damages

In general, especially depending on the circumstances of your case, you may be able to recover the following when your employer treats you unlawfully:

  • Lost wages
  • Lost benefits
  • Lost future wages 
  • Financial compensation for emotional distress and harm to your reputation
  • Punitive damages punish employers for certain illegal activities. 

Wrongful Termination Attorneys Can Help

Before you quit, employment law specialists recommend getting legal advice from an attorney. The time you’re before you can file a lawsuit is limited, so seek a free consultation today.

About the author

Mike K. Watson

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