Constructive Discharge In Chicago
There are terms used in employment law that may confuse some people. One such term is the word constructive discharge. In Chicago if you are working and someone is discriminating against you to the point where you can not work anymore, and you quit it is referred to as a constructive discharge. The standard is what a reasonable person would do in your circumstances. So for example is the boss tells you that you have a nice rear end and you quit the next day that may not qualify as a constructive discharge. The reason would be it is a one-time incident even though is would be sexual harassment. On the other hand if the boss has been telling you that daily and you tell him to stop daily and you are getting stressed and can't take it anymore, that probably would qualify as a constructive discharge.
In Illinois a constructive discharge case would be filed with the Illinois Department of Human RIghts ("IDHR"). In Chicago there seems to be a rise in the number of constructive discharge cases filed with the IDHR. One reason is probably the bad economy and the fact that employers seem to believe they can do anything they please. Employees are under more stress at work and quite frankly they seem under attack. The rights of employees is eroding and workers in Chicago must take a stand and protect their rights.
