Employees who feel they are about to be fired for illegal reasons sometimes choose to quit, thinking it will spare them the embarrassment of being terminated. In other cases, employers might try to avoid firing an employee by making the workplace so hostile that the employee feels forced to resign.
What many employees don’t realize is that quitting can cost them the opportunity to file a wrongful termination case against their employer. To pursue a wrongful termination claim, you must prove that you were actually terminated.
In New York State, a wrongful termination claim requires the employee to demonstrate the following:
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They are part of a recognized protected class.
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They were qualified for the position in question.
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They were discharged.
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Their discharge occurred under circumstances that suggest the motivation for the termination was prohibited by law.
However, if you voluntarily quit your job, you may lose your ability to pursue a wrongful termination claim. That’s because you can no longer demonstrate that you were discharged, which is a necessary element of the claim. In most cases, if you’re not terminated, you cannot claim wrongful termination.
Additionally, only a small percentage of individuals who quit their jobs will meet the requirements to successfully bring a constructive discharge lawsuit. Proving a constructive discharge case is difficult, and it’s often challenging to demonstrate that the work environment was so intolerable that resignation was the only option.
If you feel that your employer is about to illegally fire you, or if you’re dealing with a hostile work environment, it’s crucial to consult an employment attorney before you make any decision, especially before quitting. Quitting could significantly impact your legal rights.
