Timeline and Deadlines for Constructive Discharge Claims

⏱️ 1 min read 📚 Chapter 58 of 102

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

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