Austin Constructive Discharge Attorneys
Constructive discharge is a legal term for situations in which an employee feels that they must resign from their position in order to escape an otherwise intolerable work environment. Additionally, a worker’s work environment must be so intolerable that any reasonable person would rather quit than continue to work under those conditions. So, when an Austin employer or coworker engages in sexual harassment or discrimination of any kind, and nothing is done to resolve the situation, an employee may be forced into a constructive discharge.
If you have been sexually harassed or have experienced discrimination at your Austin area job, the Austin constructive discharge attorneys at The Melton Law Firm understand why you may have felt compelled to resign. We will aggressively defend the rights of any Austin worker and aggressively pursue financial compensation from any Austin employer that tolerates sexual harassment.
Why Do I Need a Constructive Discharge Attorney?
If you were harassed, discriminated against, or mistreated in the workplace to the extent that you felt it would be better for you to leave, you should not let your employer get away with this type of abuse. They should have to pay to make up for the hurt they caused you, and the best way to do this is by hiring a constructive discharge attorney. They will be able to fight to defend your right to feel happy and safe in the workplace.
Also, because you quit voluntarily instead of being fired, you could also miss out on a severance package, unemployment benefits, and usually, the right to sue your employer. However, if you file in time (the usual statute of limitations is only 180 days), and have a talented employment attorney, you can prove that you quit because of constructive discharge and can retain your right to sue, as well as your unemployment benefits.
If you were abused in the workplace to the point where you felt compelled to quit, you deserve to have someone else stand up for your rights. We will help make sure that you are compensated for the pain you were put through, as well as your legal fees and lost wages, plus additional charges to your employer for everything they did wrong. There are a lot of things that need to be proven, such as the fact that you were abused and that you complained to your supervisor or human resources manager, but the abuse continued to happen.
You need to prove that the harassment in your workplace was so bad that any employee in your position would have done what you did and quit. As your attorneys, we will take your statements about what happened and will compile them into a case that cannot be denied. The work should not be left on your shoulders, so let us help you through this difficult time.
Why Should I Choose The Melton Law Firm?
Here at The Melton Law Firm, we pride ourselves on standing up for the rights of employees in the Austin area. We all need to work to survive, and everyone deserves the right to feel comfortable in the workplace. Constant torment and abuse can lead to emotional trauma, which may lead you to want to quit your job. This can impact you emotionally and financially, and we won’t stand for it. When you are looking for a constructive discharge attorney, you want someone who is experienced and has a strong track record. John F. Melton, an experienced employment attorney based in Austin, has both of these assets and is constantly receiving good reviews and testimonials from satisfied clients.
Melton attended college right here in town, getting his Bachelor of Arts from the University of Texas at Austin in 1996. He received his Juris Doctor from the University of San Diego School of aw in 1999, and then moved back to Austin to get his license and begin his practice. He has spent his entire career defending the rights of employees, and he doesn’t want to see any employer get away with abusing or discriminating against those they employ. He is licensed to practice in the state of Texas, and is board certified in civil trial law by The Texas Board of Legal Specialization.
Financial Restitution for Constructive Discharge
Sexual harassment and discrimination against an employee in any situation are unacceptable. When an Austin employer engages in or tolerates sexual harassment or abuse and is found to be responsible for your constructive discharge, you may seek financial compensation for any of the following:
- Any fees incurred by your legal representation
- Back or front-pay to cover all past or potential earnings
- Compensatory damages for any pain and suffering
- Punitive damages to punish an employer
The financial damages you may sustain as the result of a constructive discharge can be substantial; we will aggressively pursue financial compensation from any employer who causes the constructive discharge of any one of its employees.
There are several different types of harassment that can cause you to quit your job, and if any of these happened, you complained about them to your supervisor or human resources representative, and they continued to happen, you likely could create a good case against your employer. Some of these forms of harassment could include:
- Sexual harassment
- Employment discrimination based on sex, race, disability, or any other part of your identity
- Employers who ask you to break the law
All of these situations can make an employee so uncomfortable that they may choose to quit their job rather than continue to endure the same abuse, and this is not acceptable. If you experienced any of these situations, make sure you pursue the compensation you deserve.
Contact an Austin Constructive Discharge Attorney
The Austin constructive discharge attorneys at The Melton Law Firm are committed to protecting workers’ rights in every circumstance. When persistent sexual harassment or any other form of discrimination results in your constructive discharge, we will aggressively pursue financial compensation from any Austin employer in the Austin civil court system.
We will defend your right to feel comfortable in your place of work, and we will ensure you are compensated for what you went through. If we are able to prove the details of your resignation, you could also be eligible for unemployment benefits, which you could otherwise be denied. Most importantly we will make sure your employer is punished for what they did to you, which will help to ensure they don’t behave the same way towards another employee in the future. We could even get your employer to pay for the legal fees you incurred while trying to prove they were responsible for your constructive discharge.
To discuss the particulars of your case with one of our Austin constructive discharge attorneys today, please call The Melton Law Firm at (512) 330-0017.