Constructive Discharge
Constructive discharge is an exception to the Employment-at-Will Doctrine. It's
a legal concept developed by the National Labor Relations Board (NLRB), a
government agency that protects workers' union rights. The NLRB developed
the concept to right the wrong when employers coerced employees to resign,
because the employees were legitimately involved in union activities.
Since then, constructive discharge law has been evolving in the courts to cover
other situations. The legal concept has become a doctrine, for which the
particulars are still evolving at this writing. But, constructive discharge now
generally means an employee resignation caused solely by an employer
implementing or allowing an extraordinary change that made working
conditions so intolerable, it would have compelled any reasonable employee to
resign.
In other words, under the constructive discharge doctrine, when an employer
allows intolerable conditions to persist that create a severely hostile work
environment to such a degree that a reasonable employee would
understandably resign, it may be viewed by the quitting employee as a
termination.
The following is a summation of the general proof required to establish a case
for constructive discharge:
* The change must have been recent and so intolerable that it would have
compelled any reasonable employee to quit soon after it occurred.
* The employer must have deliberately implemented or permitted the change,
without having justifiable business reasons and despite that it was apparent it
would compel any reasonable employee to resign. Even if the employer's
intention was not specifically to force an employee to resign, an employee's
resignation still might constitute constructive discharge under the
circumstances.
* An employee's resignation must have occurred close enough in time after
the intolerable change that it established a clear "cause and effect" relationship,
directly resulting in a constructive discharge.
Punitive transfer to a dangerous job, demotion to a humiliating position,
hostility, harassment and coercion are each an example of an intolerable,
working-condition change that might establish a case for constructive
discharge, particularly if the employer made or allowed the change as a form of
discrimination or retaliation.
If an employee quits because of something that's always "bugged" him or her, or
because of petty and other changes that most reasonable employees would
tolerate, it's not likely to constitute constructive discharge. The same would be
true for an employer who implemented a legitimate change for justifiable
business reasons and an employee quit simply because he or she didn't like it.
If you think that your resignation constituted constructive discharge, consult an
employment firm such as Tuckner, Sipser. If we think that your resignation
constituted constructive discharge, we will help you determine the best legal
recourse (which may include filing a charge with a government agency, a
private lawsuit in court, or both.) You might be entitled to collect back pay and
benefits, and money for damages and legal expenses.
Remember, you must establish a timely cause and effect relationship.
Additionally, there's likely to be statute of limitations (time limits) within which
an action must be filed. It's best to consult with a lawyer before you quit, to
determine if you'd have a legitimate case for constructive discharge in the first
instance.