Constructive Discharge Lawyers

Authored by , LegalMatch Law Library Managing Editor and Attorney at Law

Find a Lawyer

What Is Constructive Discharge?

Constructive discharge is the termination of an employee caused by making the employee's working conditions so unbearable that the employee feels forced to leave.  In other words, even though the employee technically quits, the employer may be considered to have wrongfully terminated (link) the employee because of the intolerable conditions that compelled the employee to quit.   

How Can an Employee Prove Constructive Discharge?

The law of constructive discharge is complex and varies depending on the jurisdiction of the employer.  In general, a constructive discharge claim must show that:

It generally takes more than a few incidents to create the intolerable working conditions necessary for constructive discharge. 

Typical Changes in Working Conditions That May Lead to a Constructive Discharge Lawsuit

Typical changes in working conditions that may lead to a constructive discharge lawsuit include:

Do I Need a Labor Lawyer for My Constructive Discharge Issue?

The type of relief available to an employee in a constructive discharge lawsuit depends on the jurisdiction the employee is located and the reason the employee quit.  Moreover, constructive discharge law is complex and has undergone changes recently.  Seek the advice of a labor attorney in your jurisdiction before quitting so that you can verify your rights and duties.    

Consult a Lawyer - Present Your Case Now!
Last Modified: 07-23-2012 04:18 PM PDT

Find the Right Lawyer Now

Did you find this article informative?

Link to this page

Law Library Disclaimer

Constructive Discharge Lawyers,  constructive, discharge, constructive discharge, working, employee, employer, intolerable,