University of Kwazulu-Natal

Avoid Wrongful Termination Lawsuits What Is Constructive Discharge

Bonisiwe Shabane
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avoid wrongful termination lawsuits what is constructive discharge

If you felt forced to leave your job because the environment was unbearable, the terms constructive discharge and wrongful termination may come to mind. While both terms relate to ending employment, the main difference between wrongful termination and constructive discharge is the person who ends the employment relationship. In constructive discharge cases, the employee terminates the relationship, whereas in wrongful termination cases, the employer ends it. In this article, we will explore what is constructive discharge and how to prove you were constructively discharged. You may be wondering, what is constructive discharge? Constructive discharge occurs when an employee resigns due to intolerable working conditions.

Learn about constructive discharge, when employees are forced to resign due to intolerable conditions. Understand legal rights, employer duties, and claim processes. 10 min read updated on May 08, 2025 Constructive discharge, also known as constructive termination or constructive dismissal, is a term used in employment law when an employee resigns due to an intolerable work environment created by the employer. Instead of directly terminating the employee, the employer chooses to create working conditions that are so unbearable, or possibly even illegal, that the employee is induced to voluntarily quit their job. Normally, an employee is not eligible for unemployment compensation if they resign from their job.

However, if a constructive discharge situation exists, the employee should still qualify for unemployment benefits. When filing their claim with their local unemployment office, the employee should explain that they were forced to resign due to employer misconduct and/or mistreatment. The National Labor Relations Board (NLRB) developed the concept of constructive discharge during the labor union movement in the United States. The NLRB developed the concept in the 1930s to impede efforts by companies who discouraged their employees from unionizing or forced unionized employees to voluntarily quit their positions. The legal concept currently applies to both unionized and non-unionized employees. In accordance with employment law, most states recognize constructive discharge.

For legal purposes, the employee's resignation is disregarded since the relationship between the employer and the employee was effectively terminated by the circumstances of the employer's poor conduct, which forced the employee to vacate... As such, a constructive discharge is considered as a termination by the employer. If it can be proven that the employer's actions constitute illegal conduct or a breach of a written or implied employment contract, the employee could have a binding claim for wrongful constructive discharge. Constructive discharge, also known as constructive dismissal, occurs when an employee resigns due to a hostile work environment created by the employer. This situation can lead to wrongful termination, harassment, or discharge claims by the employee, potentially resulting in compensation. Here is what you need to know about constructive dismissal.

Constructive discharge is a legal concept that arises in employment law when an employee resigns from their job due to intolerable working conditions created by the employer. It represents a situation where the resignation, while technically voluntary, is treated as involuntary under the law. The core idea behind constructive discharge is that the employer has created such a hostile, unbearable, or coercive work environment that it effectively forces the employee to quit. The specific criteria for what constitutes a constructive discharge can vary from state to state in the United States. For an employee to have a valid claim for wrongful constructive discharge, several elements typically need to be met. If your employer is making your work life so unbearable that you’re thinking about quitting, you might actually have a wrongful termination claim—even if you resign voluntarily.

This legal concept is called constructive discharge, and it recognizes that sometimes “quitting” is really just firing in disguise. Understanding constructive discharge can be the difference between walking away from a bad situation with nothing and securing the compensation and justice you deserve. The key is recognizing when workplace conditions cross the line from merely unpleasant to legally intolerable. Disclaimer: This article provides general information for informational purposes only and should not be considered a substitute for legal advice. It is essential to consult with an experienced employment lawyer at our law firm to discuss the specific facts of your case and understand your legal rights and options. This information does not create an attorney-client relationship.

Constructive discharge occurs when an employer deliberately creates or allows working conditions so intolerable that a reasonable person would feel compelled to resign. It’s based on the legal principle that forcing someone to quit through impossible conditions is essentially the same as firing them. The law recognizes that employers shouldn’t be able to avoid wrongful termination liability by making employees so miserable they quit instead of firing them outright. Courts treat constructive discharge as involuntary termination, giving you the same legal remedies as if you were directly fired. If an employee is successful at proving constructive discharge, your business may face a five- to six-figure lawsuit. Other than preventing costly litigation, avoiding wrongful termination lawsuits is important because it’s the right thing to do.

By preventing and investigating harassment and discrimination in your workplace, you create an environment that is safe for everyone. As a result of your efforts, you can also decrease the odds of having and losing a wrongful termination lawsuit. In a landmark case involving the National Labor Relations Board (NLRB), constructive discharge was first created as a legal doctrine. Back then, employers in the 1930s used harassment and intimidation to get employees to quit rather than having to fire them. In the 1938 Foods v. NLRB case before the Supreme Court, this method of effectively firing workers was deemed illegal.

In a Mission to Grow podcast on avoiding wrongful termination lawsuits, Brian J. Shenker, principal in the Long Island, New York, office of Jackson Lewis P.C., talked about constructive discharge in the United States today. According to Shenker, “The Supreme Court has defined this doctrine as an employee’s reasonable decision to resign because of unendurable working conditions so that it’s equated with a formal discharge by the employer.” The Equal Employment Opportunity Commission (EEOC) defines a constructive discharge to be any time when you’re effectively forcing an employee to leave by making work conditions so intolerable that they can’t stay. To fit the doctrine of constructive discharge, three key facts must be true. When most people think about wrongful termination, they imagine a dramatic scene with a manager pointing fingers and yelling, “You’re fired.” But what if your job got so unbearable that walking away felt like...

Stepping away because of unbearable pressure doesn’t count as a voluntary resignation. Legally, it may be classified as constructive discharge. And here in New York, it’s a very real issue that wrongful termination attorneys handle all the time. It happens more than you’d think, and it often leaves people wondering whether they had a choice at all. At Horn Wright, LLP, we’ve seen what it’s like when a job goes from demanding to destructive. You give everything and still end up pushed out, humiliated, or drained.

Stepping away in that kind of environment is a way to protect yourself from further harm Our New York employment attorneys know how tough that choice is and how it plays out differently across... Laws may shift a bit across those borders, but your right to fair treatment never should. What begins as a slow boil can eventually push you right out the door. If you’ve ever felt like your job went from bad to unbearable, you’re not imagining it. You didn’t want to walk away from your job. You felt like you had to.

That’s what constructive discharge really means: walking away because your workplace made it impossible to stay. Legal protections are in place to guard workers from retaliatory action by employers when they report misconduct or speak up about safety. Those protections often lay the groundwork for building a constructive discharge claim. The reality is, toxic work conditions rarely come from a single source. They’re often layered with overlapping legal concerns. Some of the most common include:

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