Constructive Discharge Vs Wrongful Termination Aaron D Wersing

Bonisiwe Shabane

-Nov 1, 2025, 4:21 PM

constructive discharge vs wrongful termination aaron d wersing

If you felt forced to leave your job because the environment was unbearable, the terms constructive discharge and wrongful termination may come to mind. While both terms relate to ending employment, the main difference between wrongful termination and constructive discharge is the person who ends the employment relationship. In constructive discharge cases, the employee terminates the relationship, whereas in wrongful termination cases, the employer ends it. In this article, we will explore what is constructive discharge and how to prove you were constructively discharged. You may be wondering, what is constructive discharge? Constructive discharge occurs when an employee resigns due to intolerable working conditions.

Call Today ForYour FREE and CONFIDENTIAL Consultation! 866-797-6040 Call The Right Attorney™No Fee Guarantee by Brian Spitz | Mar 12, 2024 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Wrongful Termination... To establish a claim for wrongful termination, four elements are necessary when direct evidence is lacking: (1) the employee belonged to a protected class, (2) the employee was qualified for the job, (3) the... Under Title VII of the Civil Rights Act of 1964, protected classes include race/color, gender, sexual orientation, gender identity, national origin, and religion.

Likewise, age is protected under the Age Discrimination in Employment Act of 1967 (“ADEA”), and disability is protected under the Americans with Disabilities Act (“ADA”). What is the Difference Between Wrongful and Constructive Termination? Can you still pursue litigation against your former employer even if you’re the one who terminated the relationship? It’s a question we often see as people wonder if the hostile work environment that forced them to leave still means they have a window to recover damages. It’s not unusual for someone to feel stuck between staying in a toxic workplace and quitting without a safety net. The terms “wrongful termination” and “constructive discharge” come up often in these conversations, and while they sound similar, there’s an important distinction between the two.

The key difference is who ends the employment. In one, the employer lets the worker go. In the other, the worker resigns because continuing no longer feels possible. Constructive termination, which is also referred to as constructive discharge or dismissal, happens when a person leaves their job due to working conditions that become impossible to tolerate. On paper, it may look like the employee quit. But when those conditions are extreme, the law may treat the resignation as though it were a firing.

This kind of situation doesn’t usually stem from a single bad day. It usually involves a pattern of unchecked harassment, based on a protected status, repeated discrimination (based on a protected status) , or retaliation that escalates after reporting misconduct. No matter what your job is, you may encounter discrimination in the workplace during your career. There are several laws the Equal Employment Opportunity Commission (EEOC) enforces that protect federal employees from discrimination. But what is the federal EEOC complaint process? If you find yourself the victim of discrimination in the federal workplace, it’s important to understand your rights and how to enforce them with an EEOC complaint.

For immediate assistance, please don’t hesitate to send a message or call us at (833) 833-3529 today. Complaints alleging prohibited personnel practices should be directed to the Office of Special Counsel (OSC). OSC receives, investigates, and prosecutes allegations of prohibited personnel practices. Information can be found at https://osc.gov/. Here is a breakdown of the 6-Step Federal EEOC Complaint Process. The chances of winning an EEOC complaint depend on several factors and can vary widely.

On average, about 16% to 20% of complaints result in favorable outcomes for the complainant. These outcomes may include settlements, voluntary withdrawals with benefits, or successful claim resolutions. However, when a complaint proceeds to litigation, the likelihood of success in court is typically lower. The 6 Steps in the EEOC Complaints Process 1. Contact Your EEO Counselor Each agency has an equal employment opportunity counselor. Before filing a formal complaint with the EEOC, the first step of the federal EEO complaint process is to contact your agency’s EEO counselor within 45 days of the discrimination.

Note that some agencies will use different terms for this office, such as the Office of Resolution Management (ORM) at the Department of Veterans Affairs. The EEO counselor will provide information about how a federal EEO complaint works. At this step, your counselor will provide details about the EEO process, including approximate timelines and your appeal rights. They will usually ask for information about your claims and bases too. Where applicable, you may also have the option to go through alternative dispute resolution (ADR). This step is also when you must choose whether to file your complaint through the EEO, negotiated grievance, or the Merit Systems Protection Board (MSPB) processes, if applicable.

Not all cases have this choice, but when you do, federal employees may choose only one of these two paths and the option first chosen is generally considered to be your election. If you’re unsure where you should file your federal EEOC complaint, consider consulting a federal EEOC lawyer. Understanding Which Laws the EEOC Enforces The EEOC enforces four federal anti-discrimination laws: Together, these laws protect against discrimination based on a number of characteristics, including race, color, sex and sexual orientation, religion or... Additionally, the EEOC works to protect employees from retaliation by their superiors or agency. 2. Filing a Formal Complaint If you can’t resolve the issue through counseling or ADR, your counselor will provide you with a written Notice of Right to File Formal Complaint, and provide a final Interview.

This notice gives you the right to file a formal complaint with your Agency’s EEO office within 15 days. Read the Notice carefully for instructions on where to send your complaint. Generally you can file your Formal EEO complaint by mail or email. Each complaint must be properly drafted to include at least: After you submit your complaint, will review it to decide whether to conduct an investigation. 3. Your Agency Conducts an Investigation If your Agency accepts your claims, your agency will have to conduct an investigation into the alleged discrimination.

Once the investigation is complete, you may request a hearing before an administrative judge, or you can request an immediate final decision for your EEOC complaint from your agency. 4. Hearing Before an Administrative Judge Like other court proceedings, an EEOC hearing involves presenting your case to an administrative judge. Each party also has the opportunity to conduct discovery to obtain additional information. At the end of the hearing, the judge will review the record and issue a decision about whether there was discrimination. In some cases, a federal employee may not need to request a hearing.

Accordingly, hearings do not always happen as part of the federal EEOC complaint process. 5. Your Agency Issues a Final Decision Whether you choose a hearing or not, the final main step is your agency’s final decision. The agency will review the judge’s final order or the evidence from the investigation and notify you whether it found any discrimination. If there was discrimination, the agency may implement the judge’s orders or its own remedy. Because final decisions may not be in the employee’s favor, federal employees have the right to appeal a final agency action to the EEOC’s appellate division, the Office of Federal Operations (OFO).

6. Appealing to the EEOC You may appeal your agency’s decision to the OFO within 30 days of that decision. During the appeal process, the OFO will review the entire history of your complaint and the evidence in the record. The OFO will then issue its own determination of whether there was any discrimination. Having a federal EEOC lawyer is the best way to make sure your arguments are properly presented in this case. Contact a Federal EEOC Lawyer The federal EEOC complaint process looks long and stressful, but it doesn’t have to be.

The attorneys at the Federal Employment Law Firm of Aaron D. Wersing, PLLC have years of experience representing federal employees in a variety of employment matters. If you’ve suffered discrimination and need help with your EEOC complaint, we can help. Contact us today online or at (833) 833-3529. Federal employees share many similarities with their privately employed counterparts. However, when a privately employed person is injured or wrongfully terminated, they can sue their employer.

When the government is your employer, the question often arises: Can a federal employee sue the federal government? The answer is yes, with some caveats. Because the federal government has sovereign immunity, federal employees cannot file lawsuits against it unless the government waives this immunity. Therefore, if a federal employee wants to sue the federal government, they can do so only in limited circumstances. In these limited circumstances, the exact methods for suing the government may not be actual lawsuits, at least at first. Federal employees have to go through certain administrative procedures before they can file a lawsuit in federal court, and thankfully many times a complaint can be resolved during these administrative procedures.

Our federal EEOC attorneys will explain what you need to know. What Can a Federal Employee Sue the Federal Government For? Wrongful termination and workplace discrimination are the most common lawsuits employees bring against their employers. Yes, you can sue the federal government for either of these reasons, though the process is different than with a private employer. While private sector employees may bring lawsuits against employers in civil court, federal employees must first file a claim with an independent review body rather than the court system. The initial claim sets in motion the administrative process federal employees must exhaust before they can sue the federal government.

Once the employee receives a final decision from the reviewing agency, they may file a lawsuit in federal court. When Can a Federal Employee Sue Their Employer? A federal employee can sue their employer for discrimination, harassment, non-selection, demotion, wrongful termination, and for several other bases. For example, federal employee may have a claim to sue their federal agency if the employee: These are only a few of the common claims a federal employee may have to sue their employer. If you believe you were wrongfully terminated or suffered harassment at your federal workplace, you should contact a federal employment lawyer who can advise you of your rights and possible avenues of recovery. Can a Federal Employee Sue Their Supervisor?

Constructive Discharge Vs Wrongful Termination Aaron D Wersing

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