If you feel you were forced to resign from your job because you reported that sexual harassment, you may be entitled to compensation. Because you felt the situation you were in forced your resignation it may be considered a termination which is called a constructive discharge. In addition, retaliation for reporting sexual harassment is illegal.
The law considers you fired if you were victim of a constructive discharge. This means you are entitled to certain rights which employees who resign willingly don’t get. This includes being able to file a wrongful termination lawsuit against your employer.
What is Forced Resignation?
Being subjected to a forced resignation or constructive discharge means you have resigned from your job involuntarily because you have had pressure exerted on you to do so. If you report about sexual harassment to HR but nothing is done about it, but the employer makes work conditions intolerable because of the complaint, you may feel you have no choice but to resign.
This is a forced resignation which violates employment laws as you are not expected to tolerate sexual harassment in the workplace. If your employer is unwilling to do anything about the sexual harassment, he or she may put pressure on you to resign as a form of retaliation because you filed a sexual harassment complaint.
Constructive Discharge Claim For Reporting Harassment
If you feel you are being forced to resign because you reported sexual harassment you may be eligible to file a constructive discharge claim. The term "constructive discharge" is when a worker has been put under pressure to resign or retire because the employer has constructed a hostile or intolerable work environment due to the fact you have complained about sexual harassment.
You may be considered eligible to file a constructive discharge claim if you have terminated your employment contract by resigning. After resigning, include in your resignation letter that the reason you are resigning from the job is due to your employer breaching your employment contract.
When providing proof that a constructive discharge has occurred you are only required to prove that your employer has deliberately shaped a work environment that was so intolerable and hostile that any normal employee would feel forced to resign.
The evidence needed to support a constructive discharge is as follows:
- you original offer letter;
- your employment contract;
- the job description;
- any letters and emails passed between you and your employer;
- any relevant emails between your manager and/or HR;
- any witness statements provided by co-workers.
Next Steps to Take
As soon as you begin to experience intolerable work conditions created just for you based on your sexual harassment complaint you should compile all evidence that has forced you to resign. To win a claim you must prove that the circumstances of sexual harassment were repetitive and your company did nothing about it.
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