Constructive discharge occurs when an employee is forced to resign because the employer has made the working conditions unbearable. What constitutes "unbearable" conduct? Unbearable conduct includes, but is not limited to, discrimination, harassment, a humiliating demotion, a punitive transfer or hostility towards the employee, or receiving a negative change in pay or work for reasons unrelated to work.
To prove a claim for constructive discharge, you'll likely have to prove most or all of the factors below:
- Your employer recently changed a working condition that led to your resignation, or constructive discharge,
- The change and your resignation occurred close enough in time to establish a "cause and effect" relationship,
- The change was so unbearable, that it would have caused a reasonable employee to resign,
- Your employer intentionally created or allowed the change, knowing that it would lead to your resignation.
In order for there to be an actionable claim of constructive discharge, your employer must have recently changed something significant that led to your resignation. Something that has been bothersome to you for awhile that led to your resignation most likely is not going to constitute constructive discharge since was not intolerable or extraordinary enough for you to resign earlier.
If you are the victim of constructive discharge, please contact
Ambuter Law for a free case evaluation.
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