What is Constructive Discharge in Employment Law
Revealing the Legal Aspects of Constructive Discharge in EmploymentIn typical scenarios, voluntarily resigning from your job won't give you grounds for wrongful termination claims. However, there's an exception to this rule known as constructive discharge.
Constructive discharge arises when a workplace becomes so unbearable that an employee is left with no option but to resign. In Massachusetts, an at-will employment state, you can quit whenever you choose. Yet, if you feel forced out due to intolerable conditions, you can seek recourse through a constructive discharge claim. Is Constructive Discharge a Legal Claim?There isn't an independent claim for constructive termination or discharge; it primarily serves as a theory that enables you to hold your employer accountable for ending your employment without formally firing you.
Consider sexual harassment in the workplace as an example. You might endure unwelcome behavior while still having to show up for work daily. You can file a sexual harassment claim to recover damages for emotional distress. However, if you haven't been officially terminated, you might face a challenging dilemma—resigning with no compensation or enduring the behavior. This is where constructive discharge comes into play. If the harassment makes your job so intolerable that a reasonable person wouldn't continue working there, you can initiate a constructive discharge claim. This allows you to pursue the same damages as if you were terminated, including back wages. Establishing a Constructive Discharge ClaimTwo fundamental elements make up a constructive discharge claim:
Determining Intolerable Working ConditionsThere's no straightforward test to gauge how severe a situation must be to constitute constructive discharge. Instead, it hinges on whether a reasonable person facing those conditions would feel forced to resign.
In general, the less outrageous each incident is, the more frequent and pervasive the behavior must be. For example, if coworkers make off-color jokes and sexual references, such behavior likely needs to occur regularly and repeatedly to justify your resignation. On the other hand, extremely unacceptable behaviors might only need to happen once. An instance of sexual assault, for example, doesn't require repetition to warrant resignation. |
We're Here to Help.OR
|
Are You Facing Sexual Harassment at Work?
Our Solutions Roadmap is a quick and easy way to share the details of what you are facing and receive preliminary feedback from a member of our team. Use the button below to get started- it is 100% confidential and 100% free.
The Employer's Intent or Knowledge
When the harasser is the owner or CEO of the company, the employer's intent is usually apparent. However, when it's a middle-level supervisor engaging in misconduct, it becomes crucial to notify the company of the behavior.
Resigning without previously attempting to report the harassment may hinder your ability to establish constructive discharge. Keep in mind that reporting workplace harassment is a legally protected activity, and your employer cannot retaliate against you for making such a report.
Resigning without previously attempting to report the harassment may hinder your ability to establish constructive discharge. Keep in mind that reporting workplace harassment is a legally protected activity, and your employer cannot retaliate against you for making such a report.
Constructive Discharge and Unemployment Benefits
Typically, unemployment benefits aren't available if you voluntarily resign from your job. Yet, if you've been effectively compelled to resign due to deplorable working conditions, you may still qualify if you can demonstrate that your employer's conduct or their knowledge of such conduct forced your resignation.
Should You Continue Working?
This is often a difficult decision. On one hand, you have the right to leave a detrimental job situation, especially if it's causing physical or mental health issues. You might genuinely believe it's necessary for your well-being.
On the other hand, you may rely on your job and fear the repercussions of quitting regarding holding your employer accountable for their actions.
Ultimately, if you feel that you cannot safely go to work, your personal well-being should be your priority, irrespective of the legal consequences. However, seeking legal counsel while making this decision is advisable.
Even if you know you'll have to resign, there might be proactive steps you can take to bolster your constructive discharge claim. For instance, ensuring you've reported discrimination or harassment to management or documenting efforts to improve the situation could strengthen your case.
On the other hand, you may rely on your job and fear the repercussions of quitting regarding holding your employer accountable for their actions.
Ultimately, if you feel that you cannot safely go to work, your personal well-being should be your priority, irrespective of the legal consequences. However, seeking legal counsel while making this decision is advisable.
Even if you know you'll have to resign, there might be proactive steps you can take to bolster your constructive discharge claim. For instance, ensuring you've reported discrimination or harassment to management or documenting efforts to improve the situation could strengthen your case.
Meet Our Employment Lawyers
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, and helped thousands of clients on both the employee and employer side with severance and non compete review and negotiation, wage and hour, discrimination and retaliation disputes, workplace sexual harassment situations, and advice about employment law generally.
Rebecca Rogers: Rebecca is a 2006 gradute of Boston College Law School, and has worked with slnlaw since 2013. She previously worked as an intellectual property litigation attorney for Fish & Richardson in Boston, Massachusetts, and clerked for the Massachusetts Supreme Judicial Court. Rebecca has helped clients with wage and hour disputes, employment discrimination, harassment and retaliation claims, review and negotiation of severance and non compete agreements, and advice to both employees and employers about navigating complex employment situations.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna has helped clients with review and negotiation of severance and non compete agreements, wage and hour disputes, discrimination, harassment and retaliation claims, and advice to small business owners about employment law and other business matters.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has helped clients on the employee and employer side with all varieties of employment law issues, including employment discrimination, harassment, retaliation, and wage and hour issues, litigation in MCAD and state and federal courts, and advising employers about employment policies and practices.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped clients with wage and hour, discrimination, harassment and retaliation disputes, review and negotiation of severance agreements, and litigation in MCAD and state and federal courts on employment related issues.
How We Can Help
If you feel that you are the target of sexual behavior, misconduct or harassment, and unsure you can continue to do your job, we can help. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.