Share on Facebook
Share on X
Share on LinkedIn
By Louise Herman

If you’re someone who loves your job, you should not take that for granted! Unfortunately, many suffer from discrimination, hostile conditions, and unfair working conditions that make it challenging to enjoy working, even if the duties align with their passion. For some, working conditions become so unbearable that a constructive dismissal occurs. If you’re unfamiliar with this term, keep reading to learn more about these situations and discover how a Providence, Rhode Island wrongful termination lawyer can help you receive the justice you deserve.

What Does Constructive Dismissal Mean?

A constructive dismissal occurs when the working conditions become so poor that an employee must quit. Generally, as long as they have no reasonable alternative to remedy the situation, they feel like the only solution is to quit.

However, despite the fact that the employee is ending the working relationship by quitting, constructive dismissal is still a form of wrongful termination. Because the employee has no other option as a result of the employer’s conduct, the resignation is viewed as a firing in the eyes of the law.

For example, an employee is required to use their own personal vehicle to perform duties and tasks for an employer. The employee asks for reimbursement for gas and maintenance fees, which the employer denies. As their employer requires them to drive a considerable amount, they feel as if they have no other option but to quit as they cannot perform the duties of their job.

How Can I Prove the Circumstances?

To prove constructive dismissal, the employee must prove certain conditions. This includes showing that the conditions were so intolerable that a reasonable employee would feel like they would do the same. It must also be proven that the employer knew the working conditions and intended to force the employee to quit. This means that any person, if they were enduring the conditions the employee dealt with, would also resign.

The courts will also consider a number of additional factors. These include how long the employee worked in the intolerable conditions, if the employee notified the employer, and whether the employer tried to force the employee to commit a crime.

Generally, employers will create intolerable working circumstances as a means to force employees out of the company without directly terminating them. As such, they feel like they have circumvented the law and can’t be held liable. However, constructive dismissal can help ensure employers who create hostile environments face repercussions for their actions.

At the Herman Law Group, our dedicated legal team can fight for the justice you are entitled to when you must leave a job due to intolerable working conditions. Our dedicated employment legal team can help you navigate these situations.

About the Author
At Herman Law Group, our focus is on safeguarding the rights and careers of employees and businesses alike. With over 35 years of successful legal practice, Louise A. Herman brings an invaluable dual perspective from representing both employees and employers. This unique insight allows us to effectively achieve successful outcomes for our clients in Rhode Island, Massachusetts, and nationwide.