slnlaw
  • Home
  • Estate Planning
    • Massachusetts Wills and Trusts
    • Why You Need an Estate Plan
    • Massachusetts Estate Tax
    • Inheritance Tax
    • How to Make an Estate Plan
  • Employment Law Solutions
    • Employment Law MA
    • Employment Termination
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
    • Equal Pay Act
  • Business Law Solutions
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Stowell Simonton
    • Elijah Bresley
  • Reviews
  • Blog
  • Contact
Call (781) 784-2322

What is Constructive Discharge?

"Constructive discharge" is the legal recognition that sometimes an employer makes the working conditions so intolerable that your resignation should be treated the same as a termination.

There are three basic elements to a constructive discharge claim.


First, the working conditions must be so bad that a reasonable employee in his or her position would have felt compelled to resign.

Second, your employer either intended to force such resignation or had actual knowledge of the intolerable working conditions.

Third, the reason for the intolerable conditions must itself be unlawful- discrimination, retaliation or sexual harassment, for example.  There are plenty of examples where the behavior is wrong and inappropriate (i.e., workplace bullying) but not illegal.


If you are thinking about quitting due to the workplace environment, and want to preserve your rights to bring legal claims against the employer, it is a good idea to consult with an employment lawyer before making that decision to find out of constructive discharge is a theory that will be available to you.

Learn more here about constructive discharge in Massachusetts.

Need Help With a Hostile Work Environment Issue?

Contact Us
Constructive Discharge MA employment lawyer

Sharon MA

46 South Main Street
​Sharon MA 02067

(781) 784-2322
Greater Boston Referral Resources
slnlaw solutions
Refer a Friend
slnlaw publications and interviews
​slnlaw privacy policy
Chester MA
26B Main Street
Chester MA 01011
(413) 667-2322
Western MA Referral Resources

  • Home
  • Estate Planning
    • Massachusetts Wills and Trusts
    • Why You Need an Estate Plan
    • Massachusetts Estate Tax
    • Inheritance Tax
    • How to Make an Estate Plan
  • Employment Law Solutions
    • Employment Law MA
    • Employment Termination
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
    • Equal Pay Act
  • Business Law Solutions
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Stowell Simonton
    • Elijah Bresley
  • Reviews
  • Blog
  • Contact