You're fed up. Maybe your employer ignored your request for a disability accommodation. Maybe you reported harassment and nothing changed—or things got worse. Maybe the discrimination has become so unbearable that you can't imagine walking through those doors one more time.
We understand the impulse to quit. But before you do, please consider making one phone call first: to an employment lawyer.
Why Timing Matters So Much
Every week, we hear from employees who quit their jobs and then call us for help. While we can sometimes still assist, the honest truth is that resigning before getting legal advice often limits your options significantly—and sometimes closes doors that can't be reopened.
Here's why.
Quitting Can Affect Your Legal Claims
Many employment law protections are designed for people who are still employed or who were fired. When you voluntarily resign, it changes the legal landscape in important ways.
Retaliation claims become harder to prove. If you complained about discrimination or harassment and then quit, your employer will argue that they never took any adverse action against you—you left. But if you had stayed and been fired, demoted, or had your hours cut, that retaliation would be much clearer.
You may lose the chance for reinstatement. In some cases, getting your job back (with back pay) is a possible remedy. That option typically disappears once you've voluntarily resigned.
"Constructive discharge" is a high bar. Yes, the law recognizes that sometimes conditions become so intolerable that a reasonable person would feel forced to quit. But proving constructive discharge is difficult. Courts expect employees to give their employer a chance to fix the problem before leaving. If you quit without following internal complaint procedures—or quit shortly after your employer began addressing your concerns—a constructive discharge claim may not succeed.
What You Might Not Know About Your Situation
Employees often come to us believing they have no choice but to quit. Sometimes that's true. But often, there are options they hadn't considered.
Your employer might be required to accommodate you. If you have a disability and your employer has been unresponsive to your accommodation requests, they may already be violating the law. An attorney can help you document this and push for compliance—or build a stronger case if they refuse.
Internal complaints create legal protections. Once you've complained about discrimination or harassment through proper channels, you're protected against retaliation. That protection is much stronger while you're still employed.
FMLA leave might be available. If you're dealing with a health condition (including mental health struggles caused by a hostile work environment), you may be entitled to protected leave. This can buy you time to plan your next steps without abandoning your legal rights.
Severance might be negotiable. If your employer wants you gone, they might be willing to pay for a clean exit. But you lose negotiating leverage the moment you quit voluntarily.
What a Lawyer Can Help You Do
When employees consult us before resigning, we can often help them:
- Document ongoing violations in ways that strengthen a potential case
- File internal complaints strategically
- Request accommodations or leave that might improve the situation
- Understand what their claims are actually worth
- Negotiate a severance package or exit agreement
- Decide whether and when resignation makes sense
Even if you ultimately decide that quitting is the right choice, making that decision with full knowledge of the legal implications puts you in a much stronger position.
"But I Can't Take It Anymore"
We hear this a lot, and we don't dismiss it. Toxic workplaces take a real toll on your health, your relationships, and your sense of self. Sometimes the psychological cost of staying truly is too high.
But here's the thing: a single consultation with an employment lawyer takes an hour or two. If you've been enduring a hostile work environment for months or years, taking a few days to get legal advice before making a final decision is a small investment that could make a significant difference in your options and your financial recovery.
The Bottom Line
If you're thinking about quitting because of how you've been treated at work—whether it involves discrimination, harassment, retaliation, denied accommodations, or other unfair treatment—please reach out to an employment attorney first.
You may have more options than you realize. And once you quit, some of those options may no longer be available.
We're here to help you make an informed decision, whatever you ultimately choose to do.
Newkirk Zwagerman, P.L.C. represents employees in wrongful termination, discrimination, harassment, and retaliation claims throughout Iowa and Minnesota. Contact us at (515) 497-9409 for a consultation or follow the other contact instructions on our webpage.