Expert Advice When You Need It Most

What is Constructive Discharge?

Written by: Herbert J Tan

Reputation Level 16

Construction Employment

Posted over 2 years ago. 3 helpful votes, 0 comments

Save

Share with:

What do you have to prove?

1. Your employer recently changed a working condition that led directly to your resignation. 2. The change and your resignation occurred close enough in time, to have established a "cause and effect" relationship. 3. The change was so extraordinary and intolerable, that it would have caused any reasonable employee to quit under the same circumstances. 4. Your employer intentionally created or allowed the change, even though it was predictable that it would compel any reasonable employee to quit.

Examples of constructive discharge

Examples include a loss of pay or benefits, an abnormal increase or decrease in workload, or discrimination under the Americans with Disabilities Act, equal employment opportunity laws, or unfair labor practice statutes. Constructive discharge suits may also be triggered when an employer is abusive toward an employee, particularly when that employee is a member of a protected class by virtue of gender, race, or age. Improper disciplinary actions can also be cause for a constructive discharge complaint, although employers can criticize employees' job performance and deny benefits for reasons that are business related.

Put the employer on notice. . .

The employee should first notify their employer of the problem and give them a fair chance to fix it. The idea behind such measures is to make it unnecessary for employees to quit in order to see their problems resolved, as well as to prevent employers from being blind sided by employees who quit and then sue for wrongful discharge.