Constructive Dismissal: When Quitting Counts as Being Fired
Did your employer make conditions so unbearable you had to resign? You may have a constructive dismissal claim.
What Is Constructive Dismissal?
Constructive dismissal occurs when an employer makes working conditions so intolerable that a reasonable person would feel compelled to resign. The resignation is treated as an involuntary termination.
What Makes Conditions Intolerable
Significant pay or responsibility reductions, humiliating demotions, severe unaddressed harassment, dangerous conditions, being asked to perform illegal acts, or a pattern of retaliatory actions.
Proving Constructive Dismissal
You must show conditions were objectively intolerable, your employer created or permitted them, and you resigned because of them. Documentation and evidence of reporting are critical.
Critical Steps Before Resigning
Consult an attorney first. Document conditions thoroughly, report them in writing, give the employer opportunity to correct, and keep records of the response.
Think You Have a Case?
This article is for informational purposes. For advice specific to your situation, speak with an experienced employment attorney at no cost.
Get Your Free Consultation