Exhausting Remedies: Steps to Take Before Resigning in Cases of Constructive Discharge

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Exhausting Remedies: Steps to Take Before Resigning in Cases of Constructive Discharge

Exhausting Remedies: Steps to Take Before Resigning in Cases of Constructive Discharge


In cases of constructive discharge, where employees are compelled to resign due to intolerable work conditions, it is essential to take certain steps before deciding to resign. By exhausting available remedies, employees can protect their rights, preserve their legal options, and build a stronger case if pursuing legal action. In this article, we will explore the steps employees should take before resigning in cases of constructive discharge.

Understand Your Rights
Before taking any action, it is crucial to understand your rights as an employee. Familiarize yourself with applicable employment laws, company policies, and any contractual obligations that may exist. Knowing your rights empowers you to make informed decisions and take appropriate action.

Document the Intolerable Work Conditions
Documenting the intolerable work conditions is crucial for building a strong case of constructive discharge. Keep a detailed record of incidents, including dates, times, locations, individuals involved, and a description of each event. Maintain copies of relevant documents, such as emails, memos, or performance evaluations, which support your claim.

Consult with an Employment Law Attorney
Seeking legal advice from an experienced employment law attorney is essential. An attorney can evaluate the circumstances, assess the strength of your case, and guide you through the process. They will provide expert advice on the appropriate steps to take and the available remedies to address the intolerable work conditions.

Review Company Policies and Grievance Procedures
Carefully review your company’s policies, procedures, and employee handbook. Pay particular attention to the process for reporting complaints, grievances, or concerns. Understand the steps involved, the individuals to whom you should report, and the deadlines for filing complaints.

File Internal Complaints
If the intolerable work conditions are caused by harassment, discrimination, or other policy violations, file an internal complaint with your employer. Follow the prescribed procedure outlined in the company’s policies. Provide clear and concise details of the incidents, individuals involved, and any supporting evidence. Keep copies of all correspondence related to your complaint.

Engage in Alternative Dispute Resolution
Some companies may offer alternative dispute resolution processes, such as mediation or arbitration, to resolve workplace issues. Explore these options if they are available. Engaging in alternative dispute resolution can help facilitate a resolution without resorting to litigation.

Contact Relevant Regulatory Agencies
If internal remedies fail to address the intolerable work conditions, you may need to contact relevant regulatory agencies. Depending on the nature of the issues, this could include agencies such as the Equal Employment Opportunity Commission (EEOC) or the Occupational Safety and Health Administration (OSHA). Consult with an attorney to determine the appropriate agency to contact and the necessary steps to take.

Preserve Evidence
Continue to document any ongoing incidents or developments related to the intolerable work conditions. Keep copies of relevant documents, emails, and any additional evidence that supports your claim. This evidence will be crucial if you decide to pursue legal action.

Evaluate Potential Legal Claims
With the guidance of your employment law attorney, evaluate potential legal claims based on the intolerable work conditions. This may include claims of harassment, discrimination, retaliation, or violations of employment contracts or applicable labor laws. Your attorney will help assess the viability of each claim and determine the appropriate course of action.

Consider Negotiation or Mediation
Before resigning, consider exploring negotiation or mediation with your employer. With the assistance of your attorney, you may be able to engage in discussions to address the intolerable work conditions and reach a mutually acceptable resolution. Negotiation or mediation can potentially avoid the need for litigation and provide a quicker resolution.

Resign as a Last Resort
Resignation should be a last resort when all other remedies have been exhausted and the intolerable work conditions persist. Before resigning, consult with your attorney to ensure that you have taken all necessary steps and have a solid foundation for a constructive discharge claim.


Exhausting remedies before resigning is crucial in cases of constructive discharge. By understanding your rights, documenting the intolerable work conditions, seeking legal advice, filing internal complaints, and preserving evidence, you can protect your rights and strengthen your legal position. Remember, resignation should only occur as a last resort after considering alternative resolutions. Consulting with an experienced employment law attorney is crucial to navigate the process and assert your rights effectively.

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We are not afraid to litigate and take cases to trial, and have trial experience. We are relentless and we win. Clients also have first-hand access to our attorneys who are available day or night and will even provide you with their cell phone numbers. Case updates come straight from your attorney rather than paralegals or staff members.

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