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Constructive discharge occurs when an employer makes an employee’s work conditions so intolerable that the employee resigns. This issue may arise when an employer wishes to fire an employee but elects not to. The employer then takes actions (such as demoting the employee, stripping the employee of important job duties, or creating a hostile or punishing environment) that make the employee so uncomfortable that the employee eventually quits.
Constructive discharge is not a separate cause of action in Texas. But some causes of action between an employee and a former employer may require the former employee to show that the employer terminated the employment. A former employee who resigned can satisfy this element if the former employee can prove constructive discharge.
To establish constructive discharge, the former employee must show that a reasonable person would have resigned under the same circumstances. For example, if a reasonable employee working under similar conditions would have tolerated the employer’s conduct, the former employee’s resignation will be found unreasonable. Likewise, if a reasonable person would have found the working conditions unendurable and would have resigned, the former employee will be found to have been constructively discharged.
If you would like to speak to an employment law attorney about an employment-related matter, contact the employment lawyers at Clouse Dunn LLP at info@cdklawyers.com.
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