What is Constructive Discharge or Forced Resignation in Florida? by BT Law Group

What is Constructive Discharge or Forced Resignation in Florida? by BT Law Group

If you're facing a situation where your job became unbearable and you felt like quitting was your only option, you might be dealing with what's known in Florida as constructive discharge. In this video, we break down how Florida law views forced resignation, what conditions make it legally actionable, and what steps you can take if you're in this situation. Jason D. Berkowitz and Anisley Tarragona of BT Law Group, PLLC, guide you through how constructive discharge claims work in Miami and throughout South Florida.

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Jason D. Berkowitz and Anisley Tarragona are attorneys at BT Law Group, PLLC, based in Miami. They represent employees in cases involving wrongful termination, harassment, discrimination, unpaid wages, retaliation, and other employment-related matters. Both attorneys bring a detailed understanding of Florida and federal employment law to every case, having worked on behalf of both employees and employers in past roles. Their firm handles cases before the EEOC Miami District Office, the Florida Commission on Human Relations, and in courtrooms such as the U.S. District Court for the Southern District of Florida and the Miami-Dade Circuit Court.

Florida recognizes that forced resignation can be treated the same as being fired when the work environment becomes legally intolerable. This happens when an employee resigns not by choice, but because of ongoing unlawful conduct such as retaliation, harassment, or discrimination. Under cases like Henson v. City of Dundee, the Eleventh Circuit has clarified that resignation under these conditions may qualify as constructive discharge. The Florida Civil Rights Act and federal laws like Title VII, the Americans with Disabilities Act, the Family and Medical Leave Act, and the Fair Labor Standards Act play an important role in defining employee protections in these situations.

Throughout this video, you’ll learn how courts in Florida assess whether your work conditions crossed the legal threshold for constructive discharge. We explain how to gather documentation, report the conduct internally, and preserve your right to file claims. If you are considering filing with the EEOC Miami District Office or the Florida Commission on Human Relations, you’ll need to understand the deadlines involved. Florida's work-sharing agreement with the EEOC allows you 300 days to file a federal discrimination claim and 365 days for a state claim through the FCHR.

Quitting a job under pressure is never easy, and knowing how to respond legally can be even harder. Jason D. Berkowitz and Anisley Tarragona walk you through the process, including how to apply for unemployment benefits through FloridaCommerce, what to expect in an administrative investigation, and when you may be eligible to file a civil lawsuit in either federal or state court.

If you're in Miami, Miami-Dade County, or anywhere in South Florida and believe you’ve been forced to resign due to unlawful working conditions, BT Law Group, PLLC can provide clarity on your legal rights. Reach out to their office at (305) 507-8506 to schedule a confidential consultation and learn more about what steps may be appropriate in your situation.

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