Constructive Discharge

A constructive discharge is a legal concept in which an employer has created working conditions which are so unpleasant or intolerable that an employee feels they have no choice to but to quit their job. Constructive discharge can occur through discrimination or due to a reason contrary to a well-defined public policy.

For instance, constructive discharge has legally been defined to include physically intimidating or humiliating an employee, harassing an employee about their personal sexual activities, or sexually harassing an employee. Other cases where courts have ruled constructive discharge did not occur include negative comments during a performance review, sporadic racial slurs, demotions, and an employer's failure to recognize the employee's demand for equal pay.

Tolerating unpleasant working conditions

Employees who continue to work in conditions which could be deemed "intolerable" may lose their claim to constructive discharge. If, however, an employee quits and is able to prove constructive discharge they may be entitled to loss of income, reinstatement pay, and back pay.

Businesses and protection against constructive discharge

Employees generally have a difficult time proving constructive discharge. Even so, employers should do all they can to protect themselves. Unpleasant working conditions should be eliminated and companies should have written policies encouraging employees to report unfair treatment. Employees who stop working should also be interviewed to ensure they are not leaving due to intolerable conditions.