Should I resign from my position at work?

By resigning, you are doing a disservice to yourself and likely helping your employer avoid potential liability.

While some employees feel their resignation allows them to part ways with a company on their own terms, in many instances it solely benefits the employer and harms the employee.  For the most part, employees will not be able to collect unemployment insurance benefits where an employee voluntarily leaves their employment without good cause. Wedgle v. Commissioner of Labor, 99 A.D.3d 1139 (3rd Dept. 2012).

Further, besides not being able to collect unemployment benefits, in many instances an employee’s resignation could be fatal for an employee’s claim against an employer that would otherwise be viable had the employer terminated the employee.  The recent case of Collazo v. County of Suffolk and Nancy D’Ambrosio, (2016 WL 660856, 12-CV-2196(JS)(GRB) (E.D.N.Y. February 17, 2016)) holds that an employee will not be considered constructively discharged unless “an employer ‘intentionally creates a work atmosphere so intolerable that [the plaintiff] is forced to quit involuntarily.’ ” (citing Edwards v. Huntington Union Free Sch. Dist., 957 F.Supp.2d 203, 213 (E.D.N.Y.2013) (internal quotation marks and citations omitted; alteration in original)). The constructive discharge standard is “demanding” and it will not be satisfied based on difficult or unpleasant working conditions or the plaintiff’s preference to no longer work for the employer. Id.   Rather, the plaintiff must present evidence: “(1) that the employer acted deliberately or intentionally in bringing about the complained of work conditions, and (2) that the conditions were ‘intolerable.’ ” Id.  (citing Petrosino v. Bell Atl., 385 F.3d 210, 229 (2d Cir.2004)).  Further, while proof of the employer’s specific intent is not required; the plaintiff must establish “that the employer’s actions were deliberate and not merely negligent or ineffective.” Petrosino, 385 F.3d at 229 (internal quotation marks, citation, and alterations omitted).

Rather than allow a Court to have to make a determination as to whether an employee was constructively discharged, an employee should contact an employment attorney to discuss their options prior to resigning from their employment or allowing their employer to convince them to resign.

Our firm wants to ensure that your employer is not depriving you of your right to work in an environment free of discriminatory animus, where you feel forced to resign from your position.  If you believe you or your family member was and/or has been discriminated and/or retaliated against in the workplace, please do not hesitate to contact the employment attorneys of Risman & Risman, P.C. at (212) 233-6400 or contact us online.

DISCLAIMER:

The information at this site has been prepared for general informational purposes only and is offered as a public service. Information on this site does not constitute legal advice and is presented without any representation or warranty whatsoever, including as to the accuracy or completeness of the information.


Risman & Risman, P.C. In The News: Law360 Article On New York’s New Stance on Paid Sick Leave

Jeffrey Risman, a partner of Risman & Risman, P.C., was quoted in a Law360 article on April 4, 2016, titled “NY Family Leave Policy Could Gain Momentum In Other States,” by Vin Gurrieri.

As reported in the article (subscription required), New York Gov. Andrew Cuomo signed into law Monday the nation’s most comprehensive family leave program, which allows workers to take 12 weeks to care for newborn children or seriously ill family members.

The policy was first announced by Cuomo last week as part of the 2016-17 New York state budget, making New York the fifth state along with the District of Columbia to enact laws that provide paid family leave for employees.

The article reports that this new policy can be one of the state’s broadest measures yet. “New York’s new paid leave policy is transformative in expanding benefits to workers who are most in need by not forcing them to make the choice between their health, the care of a loved one and their livelihood,” said plaintiffs attorney Jeffrey Risman of New York-based Risman & Risman PC. “New York’s policy is certainly the most progressive and extensive of its kind in the country, and I hope that other states follow suit.”

Risman, meanwhile, believes that any reservations by employers to the New York policy and similar versions may not lie in any potential financial burden, but rather in the fear that they are going to be scrambling to replace individuals on leave.

But ultimately, Risman said he believes the policy “will enable employers to be able to obtain and retain better candidates.”

Risman & Risman, P.C. wants to make sure that you are fully protected as an employee under the various body of laws in New York State and New York City.  If you believe you or your family member was and/or has been discriminated or retaliated against in the workplace, please contact the employment attorneys of Risman & Risman, P.C. at (212) 233-6400 or contact us online.