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Constructive discharge in Texas

In Texas, it is illegal to discriminate against workers on the basis of their protected statuses. When workers are wrongfully terminated because of engaging in protected activities or because of their protected statuses, they may have valid wrongful termination claims. When a worker's workplace has become so unbearable that he or she is forced to quit, the situation surrounding the resignation may equate to a constructive discharge.

A constructive discharge occurs when a worker quits his or her job involuntarily. Constructive discharges have been recognized by the courts in cases involving whistleblowing, pregnancy discrimination, religious discrimination, national origin discrimination, racial discrimination and sex discrimination.

Plaintiffs in employment discrimination cases are generally expected to remain at their jobs while their claims are proceeding. If their employers retaliate against them, they may have the basis to file retaliatory discharge claims. Employees do not have to stay at their jobs when the environment becomes purposefully unbearable for them as their employers attempt to force them out. The workplace must be marked by an environment that is so unbearable that it is much more severe than what is required to establish a hostile working environment. Plaintiffs must also prove that they were intentionally discriminated against.

Discrimination against protected classes of workers is illegal and is considered to be in violation of their civil rights. Workers who have been discriminated against and who believe that their workplace environments were so severely toxic as a result that they were forced to quit might have the basis to file a constructive discharge claim. An employment law attorney might review the circumstances in order to analyze whether or not there are grounds for a claim. If the lawyer accepts the case, the attorney may then fight to protect the client and to recover damages in order to compensate them fairly.

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Warren & Siurek, L.L.P.
3334 Richmond Avenue, Suite 100
Houston, TX 77098

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Phone: 832-699-1988
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