The difference between quitting a job and being fired is usually distinct: the employee chooses to quit a job and the employer chooses to fire (or terminate) the employee. But when the employer treats the employee so badly that the employee feels they have no choice but to quit, the line is blurred. In this case, Ohio law may treat it as a termination on the employer’s part even though the employee chooses to quit. This is known as a constructive discharge.

This distinction is important because a worker who is fired by the employer has different legal rights than a worker who quits when it comes to unemployment compensation. Further, a worker who is forced to quit because of a hostile work environment may have a case for wrongful termination, with the court finding the employer liable for paying lost wages and other compensation to the employee.

When Quitting Your Job Is Not Voluntary

An employee attempting to prove a constructive discharge faces a difficult burden of proof. Ohio law requires the employee to prove something more than just an uncomfortable or unpleasant workplace. Generally, the employee must prove that the employer intentionally made the work environment intolerable due to illegal reasons (such as discrimination, retaliation, or unsafe conditions), the employee tried to address the situation before quitting, and that a reasonable person would feel forced to quit or resign under the same circumstances.

Some workplace conditions that may meet this burden of proof include:

Harassment or Discrimination: An employer encourages, allows, or ignores harassment of a protected class of workers (race, gender, age, disability, etc.).

Retaliation: An employer forces out an employee for whistleblowing, reporting the employer’s illegal activity, or raising concerns about safety or discrimination.

Wage and Hour Violations: An employer systematically violates the laws that require overtime payment, minimum wage, timely paychecks, or other legal requirements.

Significant Changes to Job Description or Pay: An employer significantly and without justification reduces an employee’s pay, demotes the employee, or makes major changes to the job duties or hour.

These are some common examples of workplace situations that may rise to the level of constructive discharge. If you think your employer is using any tactic to force you to quit your job, it is important to speak with an Ohio labor law attorney.

What to Do if Your Employer Forces You to Quit Your Job

If you are thinking of quitting your job or have already quit your job because of an intolerable work environment, here are some steps you can take.

Protect Your Rights

If you are feeling forced out of your job by your employer but you have not quit yet, consider taking these steps before you quit:

File a written complaint with Human Resources

If you have not already done so, file a written complaint with HR and keep a copy of your complaint for your records. A constructive discharge claim may fail if the employee does not give the employer a chance to address the issue. Further, your case will be stronger if you can show you filed a complaint and the employer did not take action.

Document workplace issues

Proof of each instance of harassment, retaliation, or other mistreatment is essential to your case. This includes both digital and physical copies of things like performance reviews, job descriptions, emails, text messages, and other communications. Be sure to keep a journal of any suspect actions that include the date, time, management and coworkers involved, and any witnesses.

Talk to an employment lawyer

Consult with an Ohio employment attorney. Working with an attorney before you quit will help you understand your legal options and build your case to prove constructive discharge if you ultimately decide to quit.

File for Unemployment

If you decide to quit your job, file your unemployment claim with the Ohio Department of Job & Family Services immediately after you quit. Although Ohio does not usually pay unemployment benefits to a worker who voluntarily quit their job for reasons unrelated to work, you may be entitled to benefits if you can show that you quit your job for good cause.

Pursue a Wrongful Termination Claim

Even if you have already quit your job, you may have legal options if you can prove that the employer forced you to quit in a wrongful termination claim. The court may order the employer to pay you for lost wages, emotional distress, and other financial losses related to the constructive discharge. This type of claim is usually filed in Ohio court with the help of an attorney. As mentioned above, the burden of proving constructive discharge is difficult for most employees to meet. An employee who first filed a formal complaint with HR and kept detailed records will likely be in a better position to prove wrongful termination than one who did not.

Fight Back Against Unfair Treatment at Work

If you feel like your employer is forcing you to quit, now is the time to take action. File a complaint with HR. Document everything. And seek professional advice. Lakam LLC knows how to help Ohio employees fight back against unfair treatment at work. Contact our firm today at 444-209-2530. At your consultation, we will evaluate your case, explain your legal options, and work with you to ensure your employment rights are protected.