Sometimes, employees make the difficult choice to walk away from a job they want or need. Resigning usually means the end of any claims against your employer. However, if you have no choice but to resign due to unbearable working conditions, you may still have grounds to sue for wrongful termination.
Understanding constructive discharge
The key aspect of constructive discharge is that while the employee technically quits, they do so because the working conditions have become so unbearable that they feel the need to leave. When your workplace environment forces you to resign for your health and well-being, the law may consider it the same as if your employer fired you.
What are unbearable workplace conditions?
Not all unpleasant work situations qualify as constructive discharge. Courts look for severe issues that would compel a reasonable person to quit. Some examples include:
- Severe harassment or discrimination
- Unsafe working conditions
- Significant reduction in pay or hours without justification
- Unreasonable increase in job duties without compensation
- Constant and unjustified criticism or discipline
More importantly, constructive discharge requires more than one or two incidents. Employees must show that the intolerable conditions persisted over an extended period of time.
Proving intent is key
Intent is crucial in constructive discharge. If you want to sue an employer for wrongful termination based on constructive discharge, proving that your employer’s deliberate actions or inactions strengthen your case.
Your responsibility as an employee
You can’t jump ship at the first sign of trouble. Before resigning and claiming constructive discharge, employees must take steps to protect their legal rights.
Courts expect workers to make genuine efforts to address issues with their employer before quitting. This means reporting the problem to the right people, following company grievance procedures and giving your employer a chance to fix it.
Take a stand with confidence
If your workplace environment becomes intolerable, it helps to document everything. Keep records of your complaints and any actions your employer takes in response. Take note that courts set a high bar for proving constructive discharge. The burden of proof falls on the employee. When pursuing legal action, consulting an employment attorney to assess your situation and advise you on your options may help strengthen your case.