Timeline and Deadlines for Constructive Discharge Claims
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EEOC Filing Deadlines After Resignation
Resignation as Adverse Employment Action: Constructive discharge resignation triggers EEOC filing deadlines:
- 180/300 day deadline runs from resignation date
- File EEOC charge promptly after resignation to preserve claims
- Resignation date, not last harassment incident, typically controls deadline
- Consider whether continuing violation doctrine extends deadline
Strategic Filing Considerations:
- File while documentation and witness memories are fresh
- Consider advantage of filing while employer's conduct is recent
- Evaluate impact of unemployment on ability to pursue legal action
- Assess whether filing from outside employment provides strategic advantage
Post-Resignation Protection Timeline
Immediate Actions (Within 30 Days):
- File unemployment benefits claim citing constructive discharge
- Organize all documentation for potential legal proceedings
- Consult with employment attorney about claim strength and strategy
- Begin job search while preserving legal claims
- Address immediate financial and health needs
Medium-term Strategy (Within 90 Days):
- File EEOC charge if internal processes definitively failed
- Complete medical documentation of harassment impact
- Gather witness statements while memories are fresh
- Research potential employment opportunities and career rehabilitation
- Evaluate settlement possibilities before litigation costs mount