Legal Rights: Leaving Your Job Due to Workplace Harassment in Massachusetts
Is it Legal to Leave My Job Due to Workplace Harassment?In an ideal world, every workplace would be a safe, respectful, and harassment-free environment. Unfortunately, the reality is that workplace harassment can happen, and it can have devastating effects on an employee's well-being and career.
If you find yourself in a situation where you're experiencing harassment at your job in Massachusetts, you may be wondering if it's legally permissible or advisable to leave your job to escape the hostile environment. The short answer is that unless you are bound by an employment contract, you are legally free to leave your job for any reason. There are, however, certain things you should be aware of before making that decision. In this guide, we'll explore your legal rights and options when faced with workplace harassment. Understanding the laws and protections in place is crucial, and it's the first step toward regaining control of your professional life and well-being. Recognizing Workplace HarassmentThe initial step in addressing workplace harassment is understanding whether the behavior you're encountering qualifies as unlawful harassment under the law. This determination can be challenging, as legal protections primarily cover harassment of a sexual or discriminatory nature. Identifying the underlying motivation behind the harassment may not always be straightforward, but there are certain indicators to watch for:
Legal Protections in MassachusettsEmployees in Massachusetts enjoy robust legal safeguards that promote a safe and inclusive work environment. These protections are rooted in both federal and state laws.
Federal Laws: Title VII of the Civil Rights Act Title VII of the Civil Rights Act is a pivotal federal law that prohibits workplace harassment based on race, color, religion, sex, or national origin. Under Title VII, harassment is considered a form of discrimination, obligating employers to take prompt corrective measures when such incidents arise. Massachusetts Anti-Harassment Laws Massachusetts extends additional protection to employees through Chapter 151B, which offers remedies for harassment, as well as a dedicated statute addressing sexual harassment. Employers are legally bound to investigate promptly and address any allegations of unlawful harassment once they are made aware of such incidents. Importantly, if you genuinely believe you have been subjected to unlawful harassment, reporting it to your employer constitutes protected activity. This means you should not face any retaliatory actions as a result of your report, even if the claim is not ultimately substantiated. Understanding these legal protections and your rights is crucial for anyone facing workplace harassment in Massachusetts, and seeking legal advice is advisable when navigating such situations. |
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Leaving Your Job Due to Harassment
If you find yourself facing unlawful harassment at your workplace and your employer fails to address the situation, it's essential to know that you may have legal recourse, whether or not you choose to leave your job, as discussed in the laws above.
However, the stress and hardship caused by workplace harassment can often lead to a tough decision—whether to endure the situation or resign. In ordinary circumstances, voluntary resignation typically doesn't allow you to seek damages for job termination from your employer. Yet, there exists a crucial exception known as "constructive discharge."
Under the law, constructive discharge comes into play when the harassment creates such an unbearable environment that no reasonable person could continue working in it. In such cases, you can assert that your resignation effectively amounted to a termination. If your harassment claim is successful, this opens the possibility of recovering back pay and other termination damages.
It's paramount to seek legal guidance before making this decision because the standard for proving constructive discharge is stringent. What may seem obvious to you as an intolerable working situation may or may not meet the legal criteria. An experienced employment lawyer can provide you with essential advice, ensuring you make an informed decision during this challenging time.
However, the stress and hardship caused by workplace harassment can often lead to a tough decision—whether to endure the situation or resign. In ordinary circumstances, voluntary resignation typically doesn't allow you to seek damages for job termination from your employer. Yet, there exists a crucial exception known as "constructive discharge."
Under the law, constructive discharge comes into play when the harassment creates such an unbearable environment that no reasonable person could continue working in it. In such cases, you can assert that your resignation effectively amounted to a termination. If your harassment claim is successful, this opens the possibility of recovering back pay and other termination damages.
It's paramount to seek legal guidance before making this decision because the standard for proving constructive discharge is stringent. What may seem obvious to you as an intolerable working situation may or may not meet the legal criteria. An experienced employment lawyer can provide you with essential advice, ensuring you make an informed decision during this challenging time.
Meet Our Employment Lawyers
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, and helped thousands of clients on both the employee and employer side with severance and non compete review and negotiation, wage and hour, discrimination and retaliation disputes, workplace sexual harassment situations, and advice about employment law generally.
Rebecca Rogers: Rebecca is a 2006 graduate of Boston College Law School, and has worked with slnlaw since 2013. She previously worked as an intellectual property litigation attorney for Fish & Richardson in Boston, Massachusetts, and clerked for the Massachusetts Supreme Judicial Court. Rebecca has helped clients with wage and hour disputes, employment discrimination, harassment and retaliation claims, review and negotiation of severance and non compete agreements, and advice to both employees and employers about navigating complex employment situations.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna has helped clients with review and negotiation of severance and non compete agreements, wage and hour disputes, discrimination, harassment and retaliation claims, and advice to small business owners about employment law and other business matters.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has helped clients on the employee and employer side with all varieties of employment law issues, including employment discrimination, harassment, retaliation, and wage and hour issues, litigation in MCAD and state and federal courts, and advising employers about employment policies and practices.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped clients with wage and hour, discrimination, harassment and retaliation disputes, review and negotiation of severance agreements, and litigation in MCAD and state and federal courts on employment issues.
How We Can Help
Our experienced employment lawyers can provide you with expert guidance on workplace harassment, ensuring you understand your legal options and rights in difficult situations. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.
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