Labor Laws

Constructive Discharge

Imagine an employee has worked for the same company for years and has been a faithful and dependable member of the organization. This particular worker has a great relationship with fellow employees and truly enjoys getting up to go to work every day. Unexpectedly, an aspect of the company's work environment is changed, making it utterly impossible for the employee to continue working there and leaving that person no choice but to leave their job. Throwing salt in the employee's wounds, the state employment office refuses to grant any unemployment benefits simply for the fact that the employee left on their own terms. But, did the employee really quit? Instead, it is highly likely that they are the victim of a constructive discharge.

Constructive discharge can take place under any of the following circumstances:

• A working condition was recently altered, directly contributing to an employee's decision to quit, and as a result, their constructive discharge.
• The change in the workplace happened close enough to the employee's resignation that a "cause and effect" correlation can be ascertained.
• The change in work environment was so drastic and unbearable that any employee subjected to these conditions would quit as well.
• The employer purposely initiated or allowed the change to take place knowing full well that the majority of employees would quit under the circumstances.

Actions that may constitute a constructive discharge accusation include a degrading demotion, a disciplinary transfer, or the targeting of a particular employee with antagonistic behavior. For example, if someone resigned because they had been transferred or relegated to an unwanted position as a result of reporting some instance of wrongdoing, the employee could build a case of constructive discharge.

Normally under the terms of constructive discharge, the employer must have recently made a radical change that leads to an employee's immediate resignation. On the other hand, a lingering issue that has irritated the employee for quite some time doesn't represent constructive discharge because it was not severe enough to force them to quit at the first occurrence of the problem. For instance, if an employee is upset because their office was moved to a cubicle further from the break room, chances are they have no grounds for a case. As long as the employer can prove the change made complete business sense, the employee will have trouble gathering evidence to use against the employer.

Imagine how most levelheaded employees would react if subjected to this particular change. If the situation is easily tolerated, chances are constructive discharge is not the issue. However, if most rational employees would quit under the circumstances, it is very possible that constructive discharge is a perfect explanation.