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Constructive Discharge Lawyers
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:
- A recently changed working condition led to the employee?s resignation
- The changed working condition and the resignation occurred close enough in time to establish that the changed working condition caused the resignation
- A reasonable person in the employee's position would have found the working conditions intolerable and would quit under the same circumstances
- The employer allowed the change in working conditions even though it was foreseeable that any reasonable employee would quit
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:
- Intolerable hostility towards an employee
- Intolerable employment discrimination
- Intolerable sexual harassment
- Retaliation for reporting a wrongdoing or for whistle blowing
- The humiliating demotion of an employee
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.
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