Wayne, New Jersey Constructive Discharge Attorneys

Typically, a wrongful termination occurs when a company fires an employee for a legally prohibited reason such as based on unlawful discrimination or retaliation. In comparison, a constructive discharge occurs when, instead of firing you, your company makes things so bad that you are forced to resign.

The law treats being forced to resign for an unlawful reason the same as being fired for an unlawful reason. In other words, if your company forced you to resign due to your age, gender, race, disability or based on another unlawful reason then you could have a legal claim.

Constructive discharge cases often go hand-in-hand with hostile work environment harassment claims. For example, an employee who was forced to resign because of his age is likely to have a claim of harassment because of age. Constructive discharge cases often include harassment such as name calling, insults, offensive jokes and undeserved negative performance evaluations. They also can involve discriminatory reductions in salary, benefits and job responsibilities. 

Likewise, a constructive discharge claim can include other ways of minimizing your value to your company or otherwise making your job unbearable, such as isolating you from your peers, ignoring you and excluding you from meetings. Ultimately, the question is whether the circumstances are so bad that a reasonable person in your situation would feel compelled to resign.

There can be a subtle difference between quitting a very bad job and having a constructive discharge claim. If you believe you were forced to resign for an unlawful reason, please contact us online or call us at (201) 777-2250 to schedule an appointment with one of our New Jersey construvtive discharge lawyers who can evaluate your case and help enforce your workplace rights.

Wayne Township was incorporated in 1847 in Passaic County, New Jersey. Prior to that, it had been part of New Barbadoes Township in Essex County from 1965 to 1710, Saddle River Township in Bergen County from 1710 to 1837, and Manchester Township in Passaic County from 1837 to 1847.

Wayne is named after a Revolutionary War General, Anthony Wayne. As of the 2010 Census, the Township had more than 54,000 residents. It is home to the headquarters of Toys ‘R’ Us Corporation and Valley National Bank. The Willowbrook Mall, the Wayne Town Center, and the Wayne Hills Mall also are all located in town. In addition, Queen Latifah, Cecil B. DeMille and Darryl “D.M.C.” McDaniels all lived in Wayne.

To get to Rabner Baumgart Ben-Asher & Nirenberg, P.C. from Wayne, you can take Route 23 South / Route 202 South and use the left two lanes to merge onto I-80 East.  Use Exit 62A-B to get onto the Garden State Parkway heading northbound.  Continue to Exit 172, after which you will turn left onto West Grand Avenue, followed soon by a right onto Chestnut Ridge Road.  You will then turn right into our office parking lot at 135 Chestnut Ridge Road in Montvale, New Jersey.  

Please feel free to call us at (201) 777-2250 to schedule a consultation with one of our New Jersey constructive discharge attorneys.