What Is A Constructive Discharge In Chicago?
What happens in Chicago if you boss is making your life so miserable that you can no longer work? Well if there is an underlying complaint of discrimination you will have a claim for a constructive discharge. Constructive discharge in Illinois means that if you are being discriminated against and it creates a hostile work environment that a reasonable person would not tolerate you can quit and it is treated legally as a termination. However, if there is no underlying complaint of discrimination you have a problem. In Chicago and throughout Illinois there is no general harassment law. This means if the boss is just a jerk you get no protection.
So what happens next if you quit your job? Well I would do two things. First I would file a claim with the Illinois Department of Employment Security and second I would file a multiple count claim with the Illinois Department of Human RIghts ("IDHR"). The claim would be for the underlying discrimination and for constructive discharge. Remember that the more legitimate claims you have the better off you are. Chicago is seeing a rise in the number of constructive discharge claims and filing quickly is the best thing to do. Act fast and protect your rights if you are the victim of discrimination at work in Chicago.