I would like advise on constructive discharge claim
I have been advised that I have a case for constructive discharge with my soon to be ex employer. After reviewing the laws it seems that my situation does in fact fit all of the nessesary criteria and I would like to speak an attorney about my situation.
1 answer | asked May 31, 2007 9:14 PM [EST] | applies to Arizona
Answers (1)
Constructive Discharge is difficult to prove
You haven't asked a question, but I assume you are seeking guidance on constructive discharge. I have three things to offer.
First, constructive discharge is hard to prove. It is not enough that you feel oppressed. You have to prove that a reasonable person (anyone in your situation) would feel compelled to quit.
Second, Arizona has a statute that defines constructive discharge and has certain notice requirements that may apply to your case.
Third, a constructive discharge isn't necessarily a wrongful discharge. The employer's reason is still an important part of the analysis. If it is not an unlawful reason, you may have no recourse even if you prove constructive discharge.
Finally, you state that you would like to speak to an attorney, but you indicated that you were not willing to pay for a consultation. I don't know of any experienced employment attorneys who give free consultations.
posted by Francis Fanning | Jun 1, 2007 1:49 PM [EST]
You haven't asked a question, but I assume you are seeking guidance on constructive discharge. I have three things to offer.
First, constructive discharge is hard to prove. It is not enough that you feel oppressed. You have to prove that a reasonable person (anyone in your situation) would feel compelled to quit.
Second, Arizona has a statute that defines constructive discharge and has certain notice requirements that may apply to your case.
Third, a constructive discharge isn't necessarily a wrongful discharge. The employer's reason is still an important part of the analysis. If it is not an unlawful reason, you may have no recourse even if you prove constructive discharge.
Finally, you state that you would like to speak to an attorney, but you indicated that you were not willing to pay for a consultation. I don't know of any experienced employment attorneys who give free consultations.
posted by Francis Fanning | Jun 1, 2007 1:49 PM [EST]
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