Was Employer’s Conduct Constructive Termination?

An Orkin employee dedicated years to the company only to receive demotions and a constructive termination, according to his lawsuit in New Orleans federal court. A report at louisianarecord.com said the African American employee alleges racial discrimination against Orkin during his time as an employee.

According to his complaint, he began working at Orkin in 1995 and worked his way up in the company until his firing in 2010. During that time, Orkin allegedly demoted him, refused to give him raises, denied him benefits and bonuses and created a hostile work environment. The pattern of discriminatory conduct forced him to resign from Orkin in September 2010.

The plaintiff accuses Orkin of violating Louisiana employment discrimination law. He seeks compensatory damages, back pay, front pay, lost wages and attorney’s fees.

Construction termination or constructive discharge occurs when an employee resigns from his or her job because their employer makes their work life so difficult that the employee considers himself or herself fired. There are a number of acts that fall under constructive termination, some of which allegedly occurred in the above case.

The important thing to remember is that all employees have rights in the workplace. No one should feel uncomfortable or have to endure discrimination while at work.

 

Harrell & Nowak, L.L.C. – New Orleans injury lawyers