Legal Definitions - wrongful constructive discharge

Wrongful constructive discharge is a type of claim where an employee is forced to resign due to intolerable working conditions created by the employer. This is different from wrongful termination, where the employee is fired. The employer may create intolerable working conditions through insults, humiliation, demotion, or other forms of discrimination against the employee. In order for this claim to be valid, the employer must have violated the employment contract or public law by targeting the employee.

Example 1: An employee is constantly subjected to racial slurs and discriminatory behavior by their supervisor. Despite reporting the behavior to HR, nothing is done to address the issue. The employee feels they have no choice but to resign due to the intolerable working conditions.

Example 2: An employee is demoted and given a significant pay cut without any explanation or justification. The employer refuses to provide any reasoning for the demotion or pay cut, and the employee feels they have no choice but to resign due to the unfair treatment.

These examples illustrate how an employer can create intolerable working conditions that force an employee to resign. In both cases, the employer violated the employment contract or public law by engaging in discriminatory behavior or unjustified demotion and pay cut. This type of behavior is not only unethical but also illegal, and employees have the right to pursue legal action in such cases.