Wrongful Termination/Constructive Discharge
Where an employment relationship is at-will, there are limited bases on which a former employee can sue for “wrongful termination.” I counsel employers on the difference between wrongful termination claims that may be legally viable and those that are not. In sum, not every termination is “wrongful” in the eyes of the law.
A constructive discharge occurs when an employee resigns from her or his employment, but claims that it was because the employer made her or his working conditions unbearable. Again, not every resignation amounts to a constructive discharge from a legal perspective, and I regularly counsel employers on the high legal standard for establishing a constructive discharge.
I also defend employers who have been sued for wrongful termination or constructive discharge.
Please contact me if your business is need of an experienced employment lawyer in connection with a wrongful termination or constructive discharge issue.