Constructive Dismissal Law in New York: NY Labor & Employment Law Basics

Rendering your resignation to your employer does not mean you are precluded from suing the employer. An employer that, for example, has created a hostile work environment may be sued for this treatment and the resignation may be deemed by a court of law, EEOC or the New York State Division on Human Rights and constructive dismissal.

constructive dismissal

Constructive Dismissal in New York

In New York, an employee may prevail in a suit for constructive dismissal if a change in working conditions was so egregious that the resignation was involuntary. To prevail, a change of condition of work must be so intolerable that a “reasonable” employee would resign. The courts have ruled that a tight nexus between the change of condition of work and the resignation must exist, thus, a long delay in resigning after the alleged action may lead to a court holding that a nexus between the alleged action and the resignation does not exist.

Examples on Intolerable Working Conditions

A few examples of intolerable working conditions that, likely, shall allow an employee to prevail in a case for constructive dismissal.

  • Employee is physically assaulted by the employer;
  • Employee is sexually harassed by the employer;
  • Employee is relegated to a demeaning job with task below the title of the employee; or
  • The compensation of the employee was substantially reduced.

However, a dismissal shall not be deemed a constructive dismissal if the change in working conditions are due to a legitimate business decision or deemed tolerable via a “reasonable person” standard.

If you were terminated, discriminated against, or constructively dismissed from a job in New York, please: Schedule a Call with a New York Lawyer. Hayes & Simon provides a free 15-minute initial consultation with an attorney for all prospective clients in need of an attorney in New York, CT or New Jersey.

Similar Posts:

Leave a Reply