We’ve all heard the phrase, “People don’t leave bad jobs; they leave bad bosses.” But what happens when the workplace conditions are so intolerable that an employee has no choice but to resign? This is where constructive discharge comes into play—a legal concept that occurs when an employee is forced to quit due to a work environment that is so unbearable that any reasonable person would feel compelled to leave. Unlike a voluntary resignation, constructive discharge is legally considered a termination, which means an employer can still be held liable for unlawful workplace practices.
Let’s put this into perspective: Imagine Emily, a high-performing marketing specialist who, unfortunately, catches the unwanted attention of her manager. Despite repeatedly rejecting his advances, she is continuously subjected to inappropriate comments, late-night texts, and professional sabotage, such as being excluded from important meetings. HR does nothing about her complaints, and her manager makes it clear that her career is at risk if she doesn’t “lighten up” and play along. Feeling helpless and emotionally drained, Emily has no other option but to resign. In this scenario, Emily could file a claim for constructive discharge based on sexual harassment.
Constructive discharge doesn’t always involve harassment—it can also result from unreasonable working conditions that an employer deliberately allows or imposes. Take James, a warehouse supervisor, whose company suddenly increases his workload to dangerous levels, cuts his break times, and expects him to handle hazardous materials without proper training or equipment. When James raises concerns, his manager responds with threats and ridicule rather than solutions. Left with no safe alternative, James quits—and rightfully so. In this case, James may claim constructive discharge due to unsafe working conditions.
For an employee to prove constructive discharge, courts typically require that: 1) The work conditions were so intolerable that any reasonable person would have felt forced to resign. 2) The employer knew about the situation but failed to take corrective action. 3) The resignation was a direct result of the employer’s actions.
Employers who create or ignore these conditions often believe they can avoid wrongful termination lawsuits by making the employee resign instead of firing them. However, the law doesn’t see it that way. If an employee can prove they were forced out, the employer can still face legal consequences, including claims under the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Occupational Safety and Health Act (OSHA).
Constructive discharge cases can stem from many different issues, such as: Wage reduction or withholding pay without valid reason. Retaliation for whistleblowing or reporting illegal activities. Forcing employees to work in hostile or discriminatory environments. Unreasonable work demands designed to make the employee quit.
It’s a serious issue that HR professionals and business leaders need to proactively address. Employers must train managers, establish clear reporting processes, and respond immediately to complaints to prevent situations that push employees out the door unwillingly.
Elga Lejarza
Lejarza HR Consulting
