Legal Question in Sexual Harassment in Alabama
Constructive Dismissal
12 Days ago I informed my district manager about what I believed to be sexual haressment by a co woker. Today Loss Prevention came into my store and humiliated me on the sales floor in front of customers and I quit. I was not contacted by anyone in the company about my allegations. Does this seem like constructive dismissal?
1 Answer from Attorneys
Re: Constructive Dismissal
Possibly. But the burden of proof is one you. You quit. That means you have to prove that the situation became so unbearable that a reasonable person would have quit in your position.
How would you prove that Loss Prevention person ever knew anything whatsoever about your complaint? Most likely they will deny any knowledge of the complaint whatsoever.
Also, I'm also not sure if one really bad incident is sufficient for constructive discharge. I wouldn't have quit just yet but forced them to do other things so you could tie it with your complaint. Their lack of response could have created an issue of fact sufficient to get you to a jury.
All in all, as an attorney I'd be reluctant to take the case unless you could find some hard evidence linking the appearance of loss prevention and your complaint. Perhaps a disgruntled former employee who knows specifically?