[NJ] Hostile Work Environment & Constructive Dismissal

Female. Employed 10 months. <15 employees at company. Hourly employee. Apprentice in the trades. No HR.

I have been experiencing the following for the entirety of my employment at the company:

  • Sexual harassment
  • Sexist comments
  • Threats of violence
  • Disparaging remarks
  • Yelling
  • Humiliation
  • Unsafe working conditions
  • Slurs

Management was made aware of these concerns and have done nothing. It is stated in the Employee Handbook that all of the above are prohibited.

I am also diagnosed with Major Depression, Anxiety, and ADHD. Management was verbally made aware of my illnesses and struggles several times.

I have made efforts to mitigate the symptoms associated with my issues (taking notes, asking for clarification, buying special earplugs to hear more clearly, etc.) but am told that there will be no 'handholding' so I'm often unclear of what needs to be done and am constantly accused of, and verbally disciplined for, 'not listening'.

These working conditions have exasperated my symptoms to the point where I am now in an intensive therapy program Mon/Wed/Fri because my therapist feels that I am a danger to myself. These sessions are only held during working hours. I am able to work Tue/Thurs.

I have emailed two letters to my boss from my therapist- one explaining why I need to be in the program, and what the length of treatment will be. Boss replied on the 3/10 that my new schedule is 'unduly burdensome' and to avoid termination I need to provide some kind of alternative schedule. All emails sent to him have been ignored, and I have not been scheduled for any work since. I have not received any documentation stating that I have been terminated.

I have a significant amount of evidence to prove the working environment I've experienced.

I'm pretty sure a constructive dismissal would apply to my situation, but I am afraid the company will say I abandoned my job and will fight unemployment tooth and nail.

I also suspect he's committing wage theft as well (confirmed by NJ DoL) and am not sure if that would strengthen my case for a constructive dismissal.

How should I navigate this?

Posted Mar 16, 2025, 1:11 AM UTC

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