Do Not Quit in Response to an Anticipated Wrongful Termination

It is not uncommon for an employer who wants to terminate an employee for an illegal reason (such as discrimination) to first attempt to get the employee to quit.  The actions taken by the employer to get the employee to quit can take many forms.  The employer will make the workplace uncomfortable for the employee .  The employer will start scrutinizing the employee's work product. The employer will be overly or hyper critical of the employee's job performance.  The employer will exclude the employee from meetings and team-building activities.  The employer will tell the employee that the company has received complaints about the employee's workplace attitude.  The employer will tell the employee that her performance is substandard but fail to provide any specifics as to how and why the performance is substandard. The employer may even use its disciplinary policy.  These types of tactics are all designed to get the employee to quit.  Do not quit.  Convincing a judge that you would have been terminated anyway so you resigned instead is extremely difficult.  The typical response will be - no one knows if you would have been terminated because you quit and thus it is pure speculation that the employer would have illegally terminated your employment.  If you find yourself in a situation similar to what is being described in this post, you should contact an employment lawyer for legal advice.