Understanding Constructive Discharge

Posted on the March 19th, 2012 under Legal Guides by

Many employees are unhappy in their current jobs. When work situations get so bad however that an employee feels that they are forced to quit, it may be a case of constructive discharge. This is the term used to describe the technical termination of a worker by making it simply impossible for the worker to remain. In other words, when an employee quits because he or she feels that this is the only thing left to do and because the workplace conditions have become so unbearable, it may be considered constructive discharge and employers can be sued for wrongful termination in cases that can be proven.

Laws regarding constructive discharge are a bit complicated and regulations may depend on the specific state that the employer and employee are in. Generally, in order to prove constructive discharge, the employee must show that there were recent drastic changes made in the workplace that forced their resignation. The condition that was changed must have happened relatively close in time to the resignation of the employee so that it appears the employee quit because of that change.

Employees will also need to show that anyone in his or her position would have felt the need to resign because working conditions were completely intolerable. It also should be shown that the employer allowed this drastic change to happen even though he or she knew that the change would force the employee to quit his or her position. Normally it takes more than just one incident of change. For instance, a change in the work day schedule would not constitute a valid reason for an employee to resign.

Things that could be construed as constructive discharge include hostility toward and employee that the employee feels is intolerable, consistent sexual harassment, employment discrimination that the employee feels is intolerable and retaliation by the employer against an employee who reports a wrongdoing. A humiliating demotion can also be shown as constructive discharge but only when there is not a valid reason to show why the employee was demoted.

If you feel that you were forced to resign from your job because you simply could not handle the way you were being treated any longer and you feel that perhaps your employer purposely forced you out, you may be able to take legal action. You will need to contact an attorney with experience in employment law. An attorney who deals with these cases on a regular basis will be able to help you to determine if constructive discharge is present and what you need to do.

Taking your former employer to court could award you compensation for the suffering that you have endured and for loss of income from the time that you resigned your position. Again, it is often difficult to prove these cases and an experienced attorney in this field will be critical in helping you to seek and receive legal satisfaction. A labor attorney can help you to file the appropriate papers if you were forced out of your job and help you to seek the right amount of compensation.

Parental Liability and Teenage Drivers

Posted on the September 19th, 2011 under Legal Guides by

Teaching your teenager to drive can be an exciting and a frightening experience. No matter how well you train your child to handle the roads, there is always the possibility of an accident when they are driving. If your child is involved in an accident and particularly if they are the cause of that accident, you may wonder about your role as the responsible parent.

Generally, a parent is not automatically held liable for an accident that is caused by their child. There are however, exceptions to this general rule. If it can be proven that you were at all negligent in the actions of your child, you may be held responsible. For instance, if you allow your teenager to drive while you know that he or she is not experienced enough to be behind the wheel, you could face legal repercussions. If your teenager is driving your vehicle as an agent for you, in other words if he or she is running errands for you, then you may also be held liable.

You should understand that each state may have different methods for determining parental liability in the cases of teenage drivers. If the other driver involved in the accident with your teenager feels that he or she has just cause, they can file a lawsuit against you for your child’s accident. It will be up to the other parties in the accident however to show that you should be held liable for the accident.

In order to sue you for parental negligence, the party involved in the accident with your teenager must prove that it was your direct responsibility to control your teenager’s conduct and if you had done so, injuries would not have been sustained. In other words, they will need to show that you could have foreseen this accident taking place and that you could have stopped it or that your negligence directly caused the injuries.

Again, the laws in different states may have different consequences and regulations. It is important that you contact an attorney if your teenager is involved in an automobile accident and particularly if he or she is at fault for that accident. Your attorney will be able to help you to determine if you can be sued for parental negligence or if you are at any type of fault for the accident.

It is essential that you have adequate insurance on your vehicle when driving, particularly when you allow your teenager to drive. Laws in all states today require that you maintain at least the minimum coverage of automobile insurance and not doing so can cause you serious legal issues. If you are unsure of whether you have adequate insurance, now is the time to check your state laws regarding this issue. Keep in mind that as a general rule, all parents are responsible for their children until those children are of legal age. If your teenage driver causes an auto accident, it is essential that you speak with an attorney who can help you to prepare for any consequences that may arise.

Laws Regarding Workplace Discrimination

Posted on the July 22nd, 2010 under Legal Guides by

There are many different forms of discrimination and all of them can be difficult to experience. Federal laws are in place that prohibit discrimination in the workplace based on race, color, sex, religion, national origin, age, disability and many other personal characteristics. There are a number of state and local laws that deal with discrimination as well.

If you feel that you have been discriminated against at your job, there are a number of things that you can do to try to rectify the situation. Most legal experts recommend speaking with your employer first to see if the situation can be resolved without taking it to court. Most acts of discrimination can be handled by your employer. Employers themselves rarely openly discriminate against employees because there are serious legal repercussions for doing so. Of course, this does not mean that it never happens. If you feel that your employer is discriminating against you, speak with them. Tell them what the issue is, whether your employer or another coworker is the problem, and try to get it resolved. Your employer is bound by law to comply with federal regulations regarding workplace discrimination.

Federal laws do not cover all acts of prejudiced but they do cover those that are based on your status or certain characteristics. For instance, you cannot be passed over for a promotion that you are qualified for simply because you are “too old”. If your employer chooses to base decisions about you based on any of the prohibited discriminations, he or she could face legal repercussion.

Understand that it is perfectly legal for your employer to treat workers differently so long as that is not based on things like race, age or sex. For instance, a coworker may make less than you for performing the same job. If this is simply because that worker is not as experienced as you or because he or she does not do work that equals your quality, this is fine. If that coworker makes less money than you because he or she is of a different race than your employer, this is not fine.

If you feel that you have been discriminated against in your workplace, you should first speak with your employer and see if a solution can be found. If this does not work, it may be time for you to consult with an attorney. An attorney who has experience in labor laws can help you to determine if a discriminatory act has taken place and what you should do about it if this is the case. You are entitled to sue your employer if he or she discriminates against you for reasons covered by law. If you feel for one instant that you are being discriminated against for something that is out of your control such as your race, national origin, sex, age or another characteristic, you should contact an attorney to see if you can get the situation resolved. It is illegal for any employer to treat his or her workers with prejudice.