Would it qualify as a constructive discharge if I would be forced to quit my job due to sick building syndrome due to mold?

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Would it qualify as a constructive discharge if I would be forced to quit my job due to sick building syndrome due to mold?

This has been a very difficult issue for me related to mold exposure within the office. I’ve been complaining about this for 3 years to my employer but have been having a rough time getting reasonable accommodation due to difficulty with getting medical proof from a doctor. I have been able to manage this issue due to having the ability to work from home. Recently, however, I was noified that the work from home privileges are soon to be taken away. I was wondering if I was forced to resort to quitting would it be constructive discharge?

Asked on July 2, 2015 under Employment Labor Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It would almost certainly not constitute constructive discharge without evidence of some condition at the workplace which 1) caused some medical problem for you and 2) which the employer failed to take action in regard to, despite having notice from you of the problem. You write that you have had "difficulty with getting medical proof"; with no proof, you will not be able to sustain a case for constructive discharge.


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