What Is a Constructive Discharge?


Quick Answer

Constructive discharge is when an employer creates or allows a negative work environment that forces an employee to quit. Examples include an employer harassing the employee, changing the job location to an unreasonable degree or reducing pay without a valid reason.

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Full Answer

Constructive discharge is the only situation where an employee who quits can sue for wrongful termination or file for unemployment. What constitutes constructive discharge varies based on which jurisdiction it occurs in. Resignation has to occur within a reasonable amount of time after the negative working conditions begin, although the employee can choose to work under protest while trying to find a new job.

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