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 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.
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