Constructive Discharge: FAQs

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in Employment Law,Human Resources

Constructive discharge occurs when employees claim that their working conditions were so intolerable that they were forced to quit. Employers must stay within federal labor laws so they don't contribute to factors that trigger constructive discharge claims, and don't heighten the risk of employee lawsuits.

1. What do the courts look at when it comes to claims of constructive discharge? What types of actions can lead to such a claim?

This is how one state supreme court defined constructive discharge: "An employee who is forced to resign due to actions and conditions so intolerable or aggravated at the time of his resignation that a reasonable person in the employee's position would have resigned, and whose employer had actual or constructive knowledge of the intolerable actions and conditions and of their impact on the employee and could have remedied the situation, but did not, is constructively discharged."

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