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Legal Definitions - constructive discharge

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Definition of constructive discharge

Constructive discharge is when an employee quits their job because the working conditions are so bad that no reasonable person would stay. It is called "constructive" because it is treated as if the employee was fired. This means that it can be the basis for a wrongful termination lawsuit.

For example, in the case of Porter v. City of Manchester, a social worker was constantly harassed because he disagreed with upper management. He was able to show that he was constructively discharged, which helped him prove that he was wrongfully terminated.

Another example of constructive discharge could be if an employee is consistently given impossible tasks to complete, or if they are subjected to discrimination or harassment that makes it impossible for them to continue working.

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Simple Definition

Constructive discharge is when an employee quits their job because the working conditions are so bad that no reasonable person would stay. It's like being fired, and can be used as the basis for a wrongful termination lawsuit. For example, if an employee is constantly harassed and quits because of it, they may be able to show that they were constructively discharged and wrongfully terminated.

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