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[OK] Do I have a viable constructive discharge and retaliation claim against my employer?

I was deemed constructively discharged and want to file my own lawsuit against my former employer.

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Andres Sanchez
Andres Sanchez

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This matter may implicate several interrelated employment law issues, including constructive discharge, retaliation, hostile work environment, and wage-and-hour violations, under both federal law and Oklahoma law.

First, although the employee resigned, the circumstances may support a claim for constructive discharge if the employer made working conditions so intolerable that a reasonable person would have felt compelled to resign (Title VII of the Civil Rights Act of 1964).

Second, the facts may support a claim for retaliation if the employee suffered adverse actions after engaging in protected activity, such as reporting discrimination, harassment, or unpaid wages. Retaliation is prohibited under the Oklahoma Anti-Discrimination Act (25 O.S. § 1302(A)).

Third, the conduct described may constitute a hostile work environment if the employee was subjected to unwelcome harassment based on a protected characteristic, and the conduct was sufficiently severe or pervasive to alter the terms and conditions of employment (Title VII, 42 U.S.C. § 2000e-2).

Finally, there may be wage-and-hour violations if the employee was not properly paid for all hours worked, overtime, or was subjected to unlawful deductions or delayed wage payments (Fair Labor Standards Act, 29 U.S.C. §§ 201–219).

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I was deemed constructively discharged and want to file my own lawsuit against my former employer.

Lexi

Lexi, Chatbot

I’m sorry you’re dealing with this. When did your employment end, and what led to the constructive discharge?

April 22, 2025. For months I reported illegal activity and policy violations. Management refused to act. I was threatened, degraded, and lied about, even after I provided proof.

Lexi

Lexi, Chatbot

Have you gathered evidence like emails or messages?

Yes. A couple hundred pages of emails and texts.

Lexi

Lexi, Chatbot

Anything else the employment lawyer should know?

After I left, my supervisor threatened me again and admitted the manager set me up.

Andres Sanchez

Andres Sanchez

Hi, I’m Andres Sanchez, an employment law expert. What state are you in?

Oklahoma. Employer was based in Texas.

Andres Sanchez

Andres Sanchez

What illegal activities did you report?

Four of us weren’t paid for work in January/February. I spoke up. I got paid, but the others didn’t. I was fired two hours later. Then a manager said I was never fired and that the person who fired me didn’t even have authority.

Andres Sanchez

Andres Sanchez

Can you explain the harassment?

The supervisor made fat jokes and insulted me. Management mocked my emails and said I needed ChatGPT so I wouldn’t sound stupid. I also proved the supervisor was altering reports for payment. After I locked my files, retaliation got worse.

Andres Sanchez

Andres Sanchez

This matter may implicate several interrelated employment law issues, including constructive discharge, retaliation, hostile work environment, and wage-and-hour violations, under both federal law and Oklahoma law.

First, although the employee resigned, the circumstances may support a claim for constructive discharge if the employer made working conditions so intolerable that a reasonable person would have felt compelled to resign (Title VII of the Civil Rights Act of 1964).

Second, the facts may support a claim for retaliation if the employee suffered adverse actions after engaging in protected activity, such as reporting discrimination, harassment, or unpaid wages. Retaliation is prohibited under the Oklahoma Anti-Discrimination Act (25 O.S. § 1302(A)).

Third, the conduct described may constitute a hostile work environment if the employee was subjected to unwelcome harassment based on a protected characteristic, and the conduct was sufficiently severe or pervasive to alter the terms and conditions of employment (Title VII, 42 U.S.C. § 2000e-2).

Finally, there may be wage-and-hour violations if the employee was not properly paid for all hours worked, overtime, or was subjected to unlawful deductions or delayed wage payments (Fair Labor Standards Act, 29 U.S.C. §§ 201–219).

I also reported the supervisor for falsifying reports and stealing time. Management asked for proof, I gave it, then they went silent. He kept threatening me and bragged about harboring his fugitive brother. I left because it wasn’t safe. I contacted law enforcement multiple times.

Andres Sanchez

Andres Sanchez

You should document everything, work with an employment lawyer, file with the EEOC, and focus on safety.

I already know that from Google. I’ve had my EEOC interview and won my unemployment appeal. I need real help.

Andres Sanchez

Andres Sanchez

This service provides general information only. You’ll need to retain an attorney for case-specific help.

That’s what all lawyers say. No one explains why I don’t have a case—just that it’s complicated.

Andres Sanchez

Andres Sanchez

I’m sorry. You may want to keep trying or look into legal aid or employment law clinics.

Okay, thank you.

Andres Sanchez

Andres Sanchez

You’re welcome. I wish you the best.

Andres Sanchez

Andres Sanchez

22,292 satisfied customers

Andres Sanchez
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