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Constructive Discharge

Constructive discharge is a form of wrongful termination.  If you work for an employer and everything seems fine, but then your working conditions become so intolerable  that you can no longer work there and you quit, the law may see this as your being fired since you had no choice but to quit.  Employers may try this tactic to get you to quit if they do not want to pay an unemployment claim (which they usually have to if an employee is fired) or if you are under contract with them and they cannot fire you without breaching the contract.

Generally, you need to prove several elements in a constructive discharge case:

  • Your employer had to really change something to make your working conditions intolerable.  This might be demoting you or or harassing you.  

  • There must be a "cause and effect" between the change and your quitting.  In other words, the change must be the reason you quit, and you need to show how this is the case.

  • The change was so intolerable that it would have made any reasonable employee quit

  • The employer intentionally made the change

Small, petty changes made by your employer won't be enough to claim constructive discharge.  And if the change was a legitimate one with a verifiable business reason behind it, this won't lead to a constructive discharge claim, either.  If you think you have a valid claim, though, talk to an attorney to make sure your rights are protected.

Get more information about being fired from your job.