Forced to Resign:
What Every Employee Should Know About Constructive Discharge

Why Employers Force Resignations Rather than Firing Employees?

There are many reasons why employers use constructive discharge. These reasons can also happen at the same time.

 

• 1.     To Discriminate:     Bosses or managers dislike an employee because of their age, race, gender, sexual orientation, political affiliation or other personal traits.


• 2.     To Circumvent the Rules:     Company policies require formal write-ups before employee termination. When not completed, harassment is used to force someone to quit without justification.


• 3.     To Protect Themselves:     Supervisors avoid scrutiny by intentionally making their subordinates quit and then blaming them for their own violations.


• 4.     To Avoid Paying:     Corporations want to avoid additional workman's compensation payments if employees are laid-off as opposed to quitting.


• 5.     To Cull the Workforce:     Due to age, pregnancy, or disability, employees are forced to resign for positions they are qualified for.


• 6.     To Preference:     Paying certain types of people (for example minorities or women) less for the same job activities.

 

The reasons for using constructive dismissal are difficult to prove. Companies hope employees just quit and move-on never realizing they were pushed-out.

To successfully bring a case against a private employer or public corporation you will need to argue that working conditions we so bad a normal person would have quit.

Unfortunately, some businesses think making someone quit is an excellent strategy and shows quality management skills. When exhibiting a pattern of constructive dismissal companies open themselves up to litigation.

The factors of being forced to resign are difficult for employees to prove. Knowing what to look from a legal perspective is important.

How to know and prove intolerable working conditions are happening?

Knowing Provable Intolerable Working Conditions Exist

Knowing when you can no longer tolerate your work surroundings can happen quickly or over time.

In either case certain events trigger actions that cause you to lose trust in your employer.

At this point it is critical to start taking notice of any changes at your workplace. This especially includes any changes that directly affect you.

Documenting and reporting these issues will become the proof needed in a constructive discharge lawsuit.

 

Provable Actions that trigger Constructive Termination

 

Discriminatory Harassment

Occurs when an employer intends to harass an employee because they are a member of a protected class. Protected classes include race, gender, religion, age, sexual-orientation and disability.

• Example: Racial slurs, unfair criticism due to age, certain genders are not “leader material”, intolerance of religious holidays and stereotyping career choice because of sexual orientation.

 

Disregarding Employee Complaints

Happens when employees formally complain about workplace conditions or policies. Concerns for safety, health, proper business practices and career advancement are continually ignored.

• Example: Employees requesting safer working areas that are not in violation of company or OSHA regulations. Facilities that meet local, State and Federal laws for bathrooms. Company policies that obey FMLA standards for breaks and overtime.

 

Overloading Work Duties

Takes place when employees are asked to complete double or triple the amount of production or performance.

• Example: Requiring a person complete the job of two people. When a customer service representative is constantly receiving double or triple the volume of calls as other employees at the same level.

 

Overbearing Disciplinary Actions

Employers threaten and discipline employees beyond reasonable standards for mistakes.

• Example: Shipping goods to the wrong address and have pay docked for cost. Constantly being threatened with termination for simple mistakes or misunderstanding. Any warning of potential physical action.

 

Lowering Pay or Demotion

This must occur because for unrelated work activities.

• Example: Demotion for skipping drinks and dinner with manager. Drop in pay due to association or grouping with a protected class.

 

All these events are violations that justify you quitting your job. To bring a successful action against an unscrupulous employer you need to proof these situations exist.

Take Away: The ways employers can push workers into quitting their job can take many forms. If you suspect it is in violation of the law, review the facts of your case with a lawyer to determine if, in fact, the law has been violated.

How to Prove Constructive Dismissal Case?

Proving that you were discriminated against, harassed and generally working at a place where a normal person would also resign is the key.

First, the reasonable person clause must be met.

This means that an average person in the same situation would have left the job.

You can’t just be mad at your employer for poor working conditions.

Secondly, timing is a factor. The court will categorize events based on provocations.

 

 

 

Three examples of constructive discharge timing include:

A pattern of regular occurring similar intolerable events

Example: Continually threatening an employee until they resign.

 

A serious action at the end of a series of other breaches

Example: Sharing an employee’s personnel records after spreading rumors about them.

 

A single event so egregious it causes instant workplace departure

Example: Asking employees to commit an illegal act.

Next you need to provide any documentation or testimony will help prove your case. This can include incriminating emails, medical records, notes and witnesses.

Evidence of this type is difficult to come by and almost impossible to get once you quit. Your best course of action would be to consult an employment attorney before quitting if you can stand it.

 

Surprised & Betrayed:    In most constructive discharge cases employees are loyal and dedicated to their company and the decision to walk away is a difficult one.

They can guide you on how to request and find key documents for your case. They can also help you identify people at your job as helpful witnesses.

Normally, these witnesses will not be managers or supervisors. They typically protect one another and meet in private.

Employees will most likely be unable to prove that during these private meetings discussions about constructive discharge were taking place.

These meetings can exist. They are concealed by layers of protection for managers and bosses. Those layers of protection may even be the human resource department.

This feeling that managers are plotting against you or they are treating you poorly may be real but will not constitute “intolerable working conditions”.

It is unviable for a disgruntled employee to just think a hostile work environment was present and that alone justified quitting. This does not qualify as constructive resignation.

Lastly, you must prove, “that the employer deliberately made working conditions intolerable and drove the employee into an involuntary quit”. ^[2]

It is not enough for companies to be ignorant of violations. For constructive termination to be justified employers or supervisors must willingly be causing intolerable conditions with the intent to cause someone to quit.

 

To prove constructive discharge you need to:

• 1.     Meet the reasonable person standard


• 2.     Submit any evidence available - Documentation, notes, medical records and testimony
• 3.     Prove the company was deliberately make working conditions intolerable so you would be forced to quit

 

When these conditions exist cases can be brought on the employee’s behalf.

Meeting all these requirements is difficult. The “at-will” nature of United States employment laws allows employers to cross the line and unfairly treat workers. Unfair treatment does not necessarily mean illegal.

 

 

5 Most Successful Reasons for Constructive Discharge Case

Claims for constructive dismissal are hard to win but this does not mean you should avoid seeking the advice of workplace counselors or employment attorneys about a hostile work environment.

Assuming you have an unwinnable case based on trends is the wrong decision. Every situation is different and proper legal counsel about the quality of your claim is crucial.

Conditions that frequently lead to a successful case include:

 

• Employer retaliation for making a whistleblower claim.
• Sexual Harassment
• Hostility toward a worker rises after making a complaint about adverse working conditions
• Employees are retaliated against for making an FMLA claim for leave, filing a workman’s compensation claim, requesting upgraded facilities for their disability
• Employers display a pattern of discrimination against someone’s race, gender, age, disabilty, sexual orientation and religion

 

These are all valid reasons to file a claim. Before leaving you should be aware of all your options.