University of Kwazulu-Natal

Avoiding Constructive Discharge Allegations Attorney Aaron Hall

Bonisiwe Shabane
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avoiding constructive discharge allegations attorney aaron hall

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. Call Today ForYour FREE and CONFIDENTIAL Consultation! 866-797-6040 Call The Right Attorney™No Fee Guarantee

by Brian Spitz | Mar 12, 2024 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Wrongful Termination... To establish a claim for wrongful termination, four elements are necessary when direct evidence is lacking: (1) the employee belonged to a protected class, (2) the employee was qualified for the job, (3) the... Under Title VII of the Civil Rights Act of 1964, protected classes include race/color, gender, sexual orientation, gender identity, national origin, and religion. Likewise, age is protected under the Age Discrimination in Employment Act of 1967 (“ADEA”), and disability is protected under the Americans with Disabilities Act (“ADA”). In a clarification of the application of the affirmative defense first made available in the Court's Ellerth and Faragher decisions, the U.S. Supreme Court has ruled that the affirmative defense is available to employers in some, but not all, cases of constructive discharge.

The critical question is whether the “quit” was precipitated by any official act of a supervisor such that the employer should be strictly liable for the consequences or, alternatively, whether the employer played no... When an employee quits without an official act, an employer may defend a subsequent hostile environment lawsuit by proving that it had a readily accessible and effective policy for reporting and resolving claims of... The Supreme Court issued this ruling in Pennsylvania State Police v. Suders on June 14, 2004. Suders' Allegations of Sexual Harassment In Suders, a woman was hired by the Pennsylvania State Police as a police communications operator in one of the police barracks.

She was supervised by three members of the state police, including the station commander. According to Ms. Suders, these supervisors began to sexually harass her almost at the inception of her employment. Specifically, she alleged that the station commander would “bring up [the subject of] people having sex with animals” each time Suders entered his office, and he and another supervisor often discussed oral sex in... Another supervisor repeatedly made obscene gestures imitative of television wrestling, accompanied by vulgarities, in front of Suders. Approximately three months after her hire, Ms.

Suders commented to the state police's EEO officer that she “might need some help.” The EEO officer gave Suders her telephone number but neither woman followed up. Two months later, Suders again contacted the EEO officer and stated that she was being harassed and was afraid. The EEO officer responded by telling Suders to file a complaint, but she did not provide further instruction or assistance. Two days after her second report to the EEO officer, Ms. Suders' supervisors arrested and interrogated her on the job based upon their suspicion that she had removed police property from the barracks. In fact, Ms.

Suders had removed certain computer proficiency tests that she had taken over the course of her employment because her supervisors had lied to her in telling her that she had failed the tests. Upon her arrest, Suders tendered her resignation.

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Learn About Constructive Discharge, When Employees Are Forced To Resign

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 ...

However, If A Constructive Discharge Situation Exists, The Employee Should

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 m...

For Legal Purposes, The Employee's Resignation Is Disregarded Since The

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 o...

By Brian Spitz | Mar 12, 2024 | Age Discrimination,

by Brian Spitz | Mar 12, 2024 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Wrongful Termination... To establish a claim for wrongful termination, four elements are necessary when direct ...

The Critical Question Is Whether The “quit” Was Precipitated By

The critical question is whether the “quit” was precipitated by any official act of a supervisor such that the employer should be strictly liable for the consequences or, alternatively, whether the employer played no... When an employee quits without an official act, an employer may defend a subsequent hostile environment lawsuit by proving that it had a readily accessible and effective policy for...