New Jersey employees deserve to work in a job that is free of hostility and harassment. In some cases, an employer, colleague, or supervisor have made it impossible to continue working under certain conditions. When an employee has had enough and quits a job based on their exposure to offensive behavior or an otherwise hostile work environment, they may be able to file a claim of constructive discharge. According to state and federal laws, constructive discharge is when a reasonable person can no longer be an employee because of the exposure to overwhelming adversity based on discrimination or harassment. In some cases, an employer purposefully constructs a hostile work environment in order to compel their employee to quit instead of terminating their employment. It is difficult to prove constructive discharge and the standard of evidence is astronomical. If you faced an overwhelmingly hostile work environment that gave you no option but to quit, contact The Mark Law Firm, LLC.
Employees who face discrimination and harassment so overwhelming that they are compelled to quit their job are protected under the New Jersey Law Against Discrimination (NJ LAD). Accordingly, if you have been the victim of constructive discharge, you have a lot to consider. NJ LAD protects employees who work businesses of all sizes. If you could not continue your employment because of an overwhelming adverse work environment and quit your job, you might be able to prove it was actually constructive discharge. The NJ LAD allows for employees to file a complaint with the Division of Civil Rights (DCR) in order to protect their rights and hold their employer accountable. Even though you may have the right to sue, it may be difficult to prove. The legal standard to prove a constructive discharge claim is extraordinary. A hostile work environment will not meet the standard. You must prove that the harassment or discrimination was severe and pervasive. According to the New Jersey Supreme Court, a person must establish that the conditions were so intolerable that a reasonable person would be forced to quit rather than endure it. If you have been the victim of constructive discharge, you have a lot to consider as this legal matter is complicated. Your civil rights have been violated. Contact an attorney to discuss your matter.
The Mark Law Firm, LLC has years of experience working with employees facing intolerable adversity in the workplace. If you have quit your job in the face of overwhelming hostility or harassment, contact our firm today. Our compassionate attorneys are ready to assess your case, guide you through your options, and passionately advocate on your behalf. Constructive discharge is a complicated matter that is set to a high legal standard. You need representation with the skill to litigate the matter effectively, establishing evidence that is convincing to the court, and recover damages to make you whole again. If you need our legal services, contact The Mark Law Firm, LLC today.