Are you considering resigning from your position because of a hostile or intolerable workplace? If so, you could have a wrongful termination case. Learn about constructive dismissal and wrongful termination in this article, then contact our Chicago wrongful termination attorney for legal advice.
Illinois has an at-will employment policy, which means that the employer or employee can end the relationship at any time without any reason. The at-will employment rule means neither party must provide a termination notice to the other. However, there are exceptions to this employment law.
First, your employer cannot violate any rules or provisions in your contract or union agreement. If your contract requires the employer to show cause, they must give you a reason. Second, you cannot be fired or discriminated against because of a protected characteristic, which includes:
If you are fired for any of these reasons, it constitutes wrongful termination. Wrongful termination happens when someone is illegally fired from their position, including retaliation. Retaliation means you were terminated for engaging in protected activities, such as opposing discrimination in the workplace, whistleblowing, or filing for workers’ compensation.
It also is illegal for an employer to engage in constructive dismissal to get you to leave your position. You could have a legal claim if you left your job because of certain egregious work conditions.
What happens if an employer puts you in a position where you are in a hostile situation at work or at risk for unreasonable harm? Also, what happens if you quit because of the intolerable working condition? This is constructive dismissal and is a form of wrongful termination. The law states that ‘constructive dismissal is the voluntary termination of employment by an employee because of a situation created by an act or omission of the employer that an objective, reasonable person would find so intolerable that voluntary termination is the only reasonable alternative.’
Generally, your attorney will need to prove a pattern of egregious conduct by your employer before your resignation can be considered constructive dismissal. An isolated act is not usually seen as an adverse employment condition unless a violent crime occurs.
The courts may examine several factors to decide if your resignation is constructive dismissal. These include:
Suppose your employer makes your work conditions so unpleasant that you must resign. This could happen if you are put in an office that lacks heating or air conditioning, or if you are put in a workplace where there is ongoing construction, and the work is hazardous to your health. If a reasonable person would find these conditions too difficult, it might be considered constructive dismissal and could be the basis of a lawsuit.
While you may think you were in intolerable working conditions, the state courts may not agree. The courts will use a reasonable person standard to decide whether the average individual would find the employment conditions to be adverse and egregious. If a reasonable person did not believe the conditions were intolerable, your resignation would be considered voluntary. Your attorney will review how and why you left your job and tell you if it may be constructive dismissal.
There are several ways your attorney may prove constructive dismissal:
You may file a claim by contacting the Illinois Department of Human Rights (IDHR) and the Equal Employment Opportunity Commission (EEOC) if you think you were a victim of constructive dismissal. The EEOC and IDHR work together to look into discrimination claims.
The EEOC requests that workers file claims via their website, and you will receive a report with the findings of the EEOC investigator after it is concluded. You have one month from the day you get the report to request a hearing before an administrative hearing judge.
If the EEOC states that you have a case, they will file a lawsuit for you, or you can have your attorney do it. Even if the EEOC states that you do not have a case, your attorney can consider other legal remedies.
Constructive discharge cases are complicated. The best way to build your case is to have a skilled wrongful termination attorney research the case and find evidence that constructive dismissal occurred. They are familiar with the kinds of evidence that can support a constructive dismissal claim.
Your attorney will also discuss the consequences of filing a lawsuit and the potential damages that may be recovered. Obtaining money for your lost pay and benefits may be possible, and in extreme situations, compensation for emotional distress and punitive damages are possible.
If you want to talk to an attorney about your case, you should write down everything that took place that led to the alleged constructive dismissal. Also, if you have an employment contract, bring a copy to your legal consultation. Were there any witnesses to the adverse working conditions that led you to quit your job?
Illinois is an at-will employment state, but workers have rights regarding wrongful termination. Do you suspect you were terminated at work illegally? You could have a wrongful termination lawsuit, so contact our Chicago wrongful termination attorneys at North Suburban Legal Services at (312) 909-6089.