Constructive discharge occurs when employees claim that their working conditions were so intolerable that they were forced to quit. Employers must stay within1. What do the courts look at when it comes to claims of constructive discharge? What types of actions can lead to such a claim? so they don't contribute to factors that trigger constructive discharge claims, and don't heighten the risk of employee lawsuits.
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."...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Don't let diagnosis alone determine disability
- Wal-Mart to pay $12,000 to veteran it didn't hire back
- Another worry when complaints get to court: Retaliation may be criminal conspiracy
- When employees sue you, resist temptation to sue them, too