Constructive Discharge
What Is Constructive Discharge?
A constructive discharge (also called constructive dismissal or constructive termination) is a term for an involuntary resignation. This form of wrongful termination describes when an employee feels that an intolerable workplace situation leaves them no other choice than to quit or resign.
In order to bring constructive discharge charges against an employer, an employee must prove the conditions in an Equal Employment Opportunity Commission (EEOC) claim or lawsuit.
What Are Constructive Discharge Examples?
For a constructive discharge claim to succeed in court, an employee must show that the employer acted to punish the employee indirectly and force them to resign. The reasons for a constructive damage charge often include the following:
- Harassment. Although the employee complained of harassment by a supervisor or co-worker, management failed to address the problem.
- Discrimination. The employee is treated differently than other employees because of their age, race, gender, pregnancy status, national origin, religion, or disability.
- Demotion. An employee receives a demotion or pay decrease for reasons other than job performance.
- Retaliation. A manager or supervisor treats an employee negatively after the employee engages in a protected workplace activity, such as giving feedback on a survey or refusing to participate in illegal activities.
- Disregard. Management does not address an employee's complaint about a workplace incident, behavior, or atmosphere.
- Lack of accommodations. An employer does not provide what a disabled employee requests to do their job well and comfortably.
Is It Difficult to Prove Constructive Discharge?
The legal burden of proof in a constructive discharge case rests with the employee. The employee must present facts that demonstrate the employer created a hostile work environment that led to (or would lead to) resignation.
Typically, the employee files a constructive discharge claim at the time the inappropriate action occurs. However, they can also file charges within a specific period after resigning.
The period typically begins on the date that the employer allegedly acted improperly. In some cases, the period starts on the date the employee quits.
What Is a Fair Constructive Discharge?
Employees should be familiar with the employment termination laws in their state when they sign an employment contract. For a constructive discharge claim to be valid, the employer must violate the public policy or the terms of the employment contract.
An employee may feel they have no other choice but to resign in some situations that are not considered illegal. This situation is called a fair constructive discharge. Examples of factors that would apply to a fair constructive discharge are:
- A change in duties that the employer applies to all employees
- A reduction in mandatory overtime in a state with legal mandatory overtime
- A demotion, reduction in pay, delay in advancement, or denial of a raise based on unrealized expectations
- Resignation offered as an option to termination for cause
Becoming familiar with state and local employment termination laws, policies, and employer guidelines can help employees know when they have a case for a wrongful termination claim.
Helpful Resources:
US DOL - Constructive Discharge
SHRM - What Do You Do When an Employee Resigns, Then Asks to Stay?
What Is Constructive Discharge?
A constructive discharge (also called constructive dismissal or constructive termination) is a term for an involuntary resignation. This form of wrongful termination describes when an employee feels that an intolerable workplace situation leaves them no other choice than to quit or resign.
In order to bring constructive discharge charges against an employer, an employee must prove the conditions in an Equal Employment Opportunity Commission (EEOC) claim or lawsuit.
What Are Constructive Discharge Examples?
For a constructive discharge claim to succeed in court, an employee must show that the employer acted to punish the employee indirectly and force them to resign. The reasons for a constructive damage charge often include the following:
- Harassment. Although the employee complained of harassment by a supervisor or co-worker, management failed to address the problem.
- Discrimination. The employee is treated differently than other employees because of their age, race, gender, pregnancy status, national origin, religion, or disability.
- Demotion. An employee receives a demotion or pay decrease for reasons other than job performance.
- Retaliation. A manager or supervisor treats an employee negatively after the employee engages in a protected workplace activity, such as giving feedback on a survey or refusing to participate in illegal activities.
- Disregard. Management does not address an employee's complaint about a workplace incident, behavior, or atmosphere.
- Lack of accommodations. An employer does not provide what a disabled employee requests to do their job well and comfortably.
Is It Difficult to Prove Constructive Discharge?
The legal burden of proof in a constructive discharge case rests with the employee. The employee must present facts that demonstrate the employer created a hostile work environment that led to (or would lead to) resignation.
Typically, the employee files a constructive discharge claim at the time the inappropriate action occurs. However, they can also file charges within a specific period after resigning.
The period typically begins on the date that the employer allegedly acted improperly. In some cases, the period starts on the date the employee quits.
What Is a Fair Constructive Discharge?
Employees should be familiar with the employment termination laws in their state when they sign an employment contract. For a constructive discharge claim to be valid, the employer must violate the public policy or the terms of the employment contract.
An employee may feel they have no other choice but to resign in some situations that are not considered illegal. This situation is called a fair constructive discharge. Examples of factors that would apply to a fair constructive discharge are:
- A change in duties that the employer applies to all employees
- A reduction in mandatory overtime in a state with legal mandatory overtime
- A demotion, reduction in pay, delay in advancement, or denial of a raise based on unrealized expectations
- Resignation offered as an option to termination for cause
Becoming familiar with state and local employment termination laws, policies, and employer guidelines can help employees know when they have a case for a wrongful termination claim.
Helpful Resources:
US DOL - Constructive Discharge
SHRM - What Do You Do When an Employee Resigns, Then Asks to Stay?