Constructive discharge is a term used to describe a situation where an employer forces an employee to quit. Rather than firing an employee for an illegal reason, some employers attempt to skirt liability by forcing the employee to resign.
A constructive discharge occurs when an employee is coerced into resigning as a result of the employer imposing unusually intolerable working conditions on the employee with the intention of forcing the employee to quit. In such cases, the employee’s resignation is legally deemed a firing rather than a voluntary resignation.
Establishing a claim of constructive discharge requires the employee to prove “that the employer either intentionally created or knowingly permitted working conditions that were so intolerable or aggravated at the time of the employee’s resignation that a reasonable employer would realize that a reasonable person in the employee’s position would be compelled to resign.” Vasquez v. Franklin Real Estate Fund, Inc.