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Wrongful termination can occur without being fired

Wrongful termination is a claim you may assert against your boss because they fired you unlawfully. However, what do you do if your boss is sneaky and, rather than outright fire you, creates a work environment so difficult that it forces you to quit? Are you prohibited from asserting a claim? The short answer is, probably not.

Constructive wrongful termination results when your boss takes systematic actions designed to force you to quit your job. There are two basic elements to a valid constructive wrongful termination claim. First, your employer tried to force you to quit or knew that changes were implemented to force you to quit. Or, your work environment objectively changed so much that the only reasonable option was to quit.

The biggest way to establish these claims is by showing a pattern of abuse. You will want to document the gradual change in your work environment. Perhaps your employer steadily pushed your schedule later and later, knowing that you were trying to take care of your child. Maybe your employer forced you to handle only the most menial of tasks despite seniority or experience. Unfortunately, for these claims, you will likely need more than a single or handful of actions to prove it. This means that you will likely have to remain at your job, at least for a while, before you gather enough evidence for a viable claim.

These claims can be complicated, but they are solvable. If you or a loved one believes that your boss tried to force you to quit, then you might want to sit down with an employment attorney to review your legal rights. Just because you quit your job does not mean that you surrendered all your rights to a fair work environment. Take the time to go over your options before you move on.

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