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Wrongful termination by way of constructive dismissal

If you have ever had a particularly challenging job that made you want to march into your boss's office and quit, then you are obviously not alone. Even an otherwise good job comes with moments or days that make people want to throw in the towel. Of course, this is normal in the West Virginia workforce. However, sometimes working conditions are so intolerable that many workers feel they have no choice other than to follow through on the threat of quitting. Such a situation might meet the requirements necessary for a constructive dismissal claim.

Like wrongful termination, constructive dismissal hinges on the wrongful behavior of an employer. Typically this means the employer has violated the employment rights of an employee until the worker has no alternative but to resign his or her position because the working conditions have become unbearable. To be categorized as constructive dismissal, the employer must have engaged in illegal conduct resulting in the worker's resignation.

As in a wrongful termination claim, the employee must be able to prove the existence of intolerable working conditions. Additionally, the employee cannot simply resign and cry foul. It must be shown that the employee reported any intolerable working conditions and gave the employer ample opportunity to remedy the situation. Some of the factors courts will consider include requiring the worker to engage in illegal activities, the nature of the employer's unlawful conduct and how much time has passed between the alleged unlawful conduct and the worker's resignation.

Constructive dismissal cases may be even more complex than a wrongful termination claim. However, workers can find out if they are eligible to pursue legal action by discussing the situation with a West Virginia employment lawyer.

Source: FindLaw, "Constructive Dismissal and Wrongful Termination," accessed Aug. 09, 2016

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