Can I File a Wrongful Termination Lawsuit If I Quit?

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Do I have cause for a lawsuit if I quit my job due to a hostile working environment?

West Virginia, like most other states in this great country, allows workers to bring wrongful termination lawsuits against their employers if an employee is forced to quit his/her job.

If your work environment was so terrible it led you to quit, you may be able to take legal action against your former employer for their failure to handle the situation properly. Whether or not they intentionally created a poor work environment, they may be liable for the resulting harm it caused you, the employee. This type of situation is categorized as a “constructive discharge” cause of action and it can encompass a variety of unlawful discrimination issues. To learn more and to determine whether or not you may have a wrongful termination case, read below.

Constructive Discharge Cause of Action

A constructive discharge cause of action may arise when an employee claims that, because of age, race, sexual or other unlawful discrimination (i.e. sexual harassment), the employer has created a hostile working environment that was so intolerable the employee was forced to leave his/her employment. In other words, you can file a lawsuit if your workplace is so bad you were forced to quit.

How Do I Know If I Have a Wrongful Termination Lawsuit?

In order to prove a constructive discharge, the former employee must establish that working conditions created by (or known to) the employer were so intolerable that a reasonable person would be compelled to quit. However, it is not necessary for the employee to prove that the employer's actions were taken with a specific intent to cause the plaintiff to quit.

Get Ready to Take the Next Step

If you were forced to quit your job due to an intolerable working environment, contact Shaffer Madia Law. Attorney Samuel Madia focuses on wrongful termination lawsuits and has extensive experience with these complex, sensitive cases. Our team can gather evidence for your case, build a compelling argument, and fight for your rights as an employee.

Call (304) 244-4433 today to discuss your wrongful termination case with our attorney.