Rights of Employees
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.Contact an Employment Discrimination Attorney
There often is a subtle difference between a bad job and a constructive discharge claim. If you believe you were forced to resign for an unlawful reason, please contact us online or call us at (973) 744-4000 to schedule an appointment with one of our employment lawyers who can evaluate your case and help enforce your workplace rights.About Wayne, New Jersey
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 are all located in town. In addition, Queen Latifah, Cecil B. DeMille and Darryl “D.M.C.” McDaniels all lived in Wayne.Directions to Our Office From Wayne
To get to Rabner Baumgart Ben-Asher & Nirenberg, P.C. from Wayne, you can take Route 23 South to Route 46 East. Exit Route 46 at Oak Hill Road and then turn onto Valley Road. Take the U-turn on your left and then continue on Valley Road for 2.3 miles. After you have entered Upper Montclair, turn right onto Bellevue Avenue. You will then make an immediate left onto Upper Montclair Plaza. Our address is 52 Upper Montclair Plaza in Upper Montclair, New Jersey. Please feel free to call us at (973) 744-4000 to schedule a consultation with one of our attorneys.