CONSTRUCTIVE DISCHARGE AND UNEMPLOYMENT BENEFITS

When someone has to resign due to intolerable working conditions, this may be considered a termination in the eyes of the law. This means that you may be entitled to unemployment benefits in Florida, among other potential compensatory damages. If you can prove you had no reasonable alternative but to leave your employment because of the hostile environment, in the eyes of the law it is not entirely unlike being fired because of sex, race, age, or other discriminatory practices.

Florida unemployment eligibility requirements also specifically say that “You must have lost your job through no fault of your own, so you must not have quit for personal reasons or been terminated for malicious misconduct (poor job performance does not disqualify you).”

This “personal reasons” phrase does not include the circumstances that would equate to constructive discharge.


Stacy only has 45 days from the date of her resignation to make a complaint with the EEOC and to secure legal assistance to have everything filed, per the Supreme Court….so either she has started the procedure or will miss her window of opportunity. She’s awaiting a court date for January with DeBary since she won the appeal on retaliation. Retaliation is one of the areas Judges usually allow awards under because it is hard to prove there was no retaliation when one is fired after the EEOC was filed.

Karin for the blog

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