University of Kwazulu-Natal

Hr Missteps That Lead To Constructive Discharge Claims

Bonisiwe Shabane
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hr missteps that lead to constructive discharge claims

We’ve all heard the phrase, “People don’t leave bad jobs; they leave bad bosses.” But what happens when the workplace conditions are so intolerable that an employee has no choice but to resign? This is where constructive discharge comes into play—a legal concept that occurs when an employee is forced to quit due to a work environment that is so unbearable that any reasonable person would feel... Unlike a voluntary resignation, constructive discharge is legally considered a termination, which means an employer can still be held liable for unlawful workplace practices. Let’s put this into perspective: Imagine Emily, a high-performing marketing specialist who, unfortunately, catches the unwanted attention of her manager. Despite repeatedly rejecting his advances, she is continuously subjected to inappropriate comments, late-night texts, and professional sabotage, such as being excluded from important meetings. HR does nothing about her complaints, and her manager makes it clear that her career is at risk if she doesn’t “lighten up” and play along.

Feeling helpless and emotionally drained, Emily has no other option but to resign. In this scenario, Emily could file a claim for constructive discharge based on sexual harassment. Constructive discharge doesn’t always involve harassment—it can also result from unreasonable working conditions that an employer deliberately allows or imposes. Take James, a warehouse supervisor, whose company suddenly increases his workload to dangerous levels, cuts his break times, and expects him to handle hazardous materials without proper training or equipment. When James raises concerns, his manager responds with threats and ridicule rather than solutions. Left with no safe alternative, James quits—and rightfully so.

In this case, James may claim constructive discharge due to unsafe working conditions. For an employee to prove constructive discharge, courts typically require that: 1️⃣ The work conditions were so intolerable that any reasonable person would have felt forced to resign. 2️⃣ The employer knew about the situation but failed to take corrective action. 3️⃣ The resignation was a direct result of the employer’s actions. Employers who create or ignore these conditions often believe they can avoid wrongful termination lawsuits by making the employee resign instead of firing them. However, the law doesn’t see it that way.

If an employee can prove they were forced out, the employer can still face legal consequences, including claims under the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Occupational Safety and... This guidance document was issued upon approval by vote of the U.S. Equal Employment Opportunity Commission. The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. 612.3 Race, Color, Religion, Sex, National Origin as One Factor

(b) Direct Evidence of Discriminatory Motive 612.5 Respondent's Explanation or Justification for its Actions 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. A Consumer Protection and Employment Law Firm Serving California, Ohio, Pennsylvania, and Illinois.

Home / Employee Rights / Wrongful Constructive Discharge: Are You Being Forced Out? Losing a job is never easy, but what if you weren’t technically fired? What if your employer made your work environment so unbearable that you had no choice but to resign? This is known as constructive discharge, and in some cases, it may be considered wrongful, making it a violation of employment law. If you believe you’ve been pushed out of your job unfairly, you may have legal options. Understanding the intricacies of constructive discharge is essential to determining whether your resignation qualifies as wrongful and if you have the right to take legal action against your employer.

Constructive discharge occurs when an employer creates or allows working conditions to become so intolerable that a reasonable person in the employee’s position would feel compelled to quit. While the employer does not explicitly terminate the employee, the resignation is effectively forced due to hostile or unacceptable working conditions. Courts analyze these cases based on whether the employer’s actions or negligence left the employee with no reasonable alternative but to resign. To qualify as constructive dismissal, the workplace conditions must generally meet a high threshold of severity. It’s not enough for the employee to be dissatisfied with their job, dislike their manager, or feel undervalued. The environment must be objectively intolerable, meaning that a reasonable person would find it impossible to continue working under such conditions.

Severe harassment, unsafe working conditions, persistent discrimination, or retaliatory practices often serve as the basis for constructive discharge claims. I assume our readers all know what a “constructive discharge” is, but just in case you don’t, it’s when an employer deliberately makes the employee’s life at work so miserable that the employee feels... A “constructive discharge” has the same legal effect as an actual termination. In other words, the employer can be sued just as if it had fired the employee. For example, let's say a supervisor tries to hit on an employee, and when she rejects his advances, he threatens to fire her. And let’s say that she reports her supervisor’s conduct to HR, and the HR person laughs, tells her to lighten up, and never addresses it with the supervisor or even investigates.

Meanwhile, the supervisor's harassment continues and even escalates. If this hypothetical employee gets fed up and quits (and I hope she does), she will almost certainly be able to claim that she didn’t “voluntarily quit” but reasonably felt that she was forced... Under federal law and many state laws (check your jurisdiction to be sure), a plaintiff alleging constructive discharge must generally show that the employer “deliberately made working conditions so intolerable that a reasonable person... Understand the legal nuances of when an employee's resignation is considered an illegal firing. Discover the conditions that make constructive discharge unlawful. Employment termination involves an employee being fired or voluntarily resigning.

However, constructive discharge occurs when an employer creates conditions so difficult that an employee feels compelled to quit. The law treats such a resignation as an employer-initiated termination. Constructive discharge occurs when an employee resigns because working conditions have become so intolerable that a reasonable person would feel forced to leave. The employer does not directly fire the employee, but their actions or inactions make continued employment impossible. For a situation to qualify as constructive discharge, three core elements must be present. The working environment must be so adverse that a reasonable person would find it unbearable, going beyond merely unpleasant conditions to be severe, pervasive, and objectively harmful.

The employer must have either intentionally created these intolerable conditions or knowingly allowed them to persist without corrective action. The employee’s resignation must be a direct result of these unbearable conditions. To prove a constructive discharge claim, the employee carries the burden of proof. They must demonstrate that the working conditions were objectively intolerable for any reasonable person in similar circumstances. Have you been retaliated against, wrongfully let go, or forced to work in unsafe conditions due to COVID-19? Find out if you qualify for a claim!

<picture><source srcset="https://smitheylaw.com/wp-content/uploads/2022/01/Understanding-Constructive-Discharge-300x200.jpeg.webp 300w, https://smitheylaw.com/wp-content/uploads/2022/01/Understanding-Constructive-Discharge.jpeg.webp 600w" sizes="(max-width: 300px) 100vw, 300px" type="image/webp"><img fetchpriority="high" decoding="async" class="alignright wp-image-2485 size-medium webpexpress-processed" src="https://smitheylaw.com/wp-content/uploads/2022/01/Understanding-Constructive-Discharge-300x200.jpeg" alt="Understanding Constructive Discharge" width="300" height="200" srcset="https://smitheylaw.com/wp-content/uploads/2022/01/Understanding-Constructive-Discharge-300x200.jpeg 300w, https://smitheylaw.com/wp-content/uploads/2022/01/Understanding-Constructive-Discharge.jpeg 600w" sizes="(max-width: 300px) 100vw, 300px"></picture>Employees of both large corporations... No one should have to endure bullying, harassment, or abuse at work. But sometimes, employees feel forced to resign because workplace abuse and harassment have become so bad. If you’ve ever found yourself in this situation, you may have a claim for constructive discharge. In this post, the Smithey Law Group LLC team will explain what constitutes constructive discharge. We’ll also provide some examples to help you understand whether your resignation may have been a wrongful termination in disguise.

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