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Do I have a claim for wrongful termination if I wasn't fired?

Wrongful termination usually brings to mind the idea of a vindictive boss firing you because you reported a choking hazard in a toy or noticed that the paperclips you sell spontaneously combust. However, not all wrongful termination claims have such black and white scenarios.

Sometimes a boss is sneaky and takes advantage of a personal detail about an employee's life to try to force him or her to quit. This is called constructive wrongful termination, and it is just as serious as any other claim. These claims exist to ensure that sneaky bosses do not get away with bad behavior.

A claim for constructive wrongful termination results when your boss creates conditions at your job that are designed to force you to quit. These changes can be anything from transferring you to a new department, demoting you or changing your work schedule.

To establish a valid claim for constructive wrongful termination, your attorney will need to prove two factors. The first factor is that your working environment changed so much and was so difficult that the only reasonable choice was to quit. The second factor is that your boss intended to force you into that decision or knew that these changes would force you to quit.

Constructive wrongful termination suits are very complicated. As such, you may find it beneficial to consult with a knowledgeable employment law attorney to protect your legal rights. This is especially true in a case such as this because your attorney must sift through the evidence to create a compelling narrative of harassment. Not just any harassment, but harassment that was designed to force you to quit on your own.

How your attorney builds this narrative depends on where you were assigned, how your job changed and the benefits normally afforded. The attorney may be able to create an effective narrative and also calculate how much you are owed. This entails talking with experts, formulas and gathering your pay stubs to make a projection. Speak to an attorney and make sure you get your rights enforced.

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