What is a constructive discharge and when is it unlawful?

Constructive discharge is an employment situation where an employee is forced to quit due to conditions that become so intolerable that they feel they have no choice but to resign. Constructive discharge is not an outright firing, but it is an unlawful act in Texas if the intolerable conditions were caused by the employer. Constructive discharge is only unlawful when it is due to discrimination based on race, color, nationality, gender, religion, disability, or age. An employer cannot force an employee to quit due to discriminatory reasons, such as hostile working conditions, discrimination in wages or hours, or a sudden change in job duties. To prove constructive discharge, an employee must show that his or her working conditions were so bad that no reasonable person would be expected to stay in the job. An employee must also provide evidence that the employer deliberately created the conditions, or was too negligent to prevent them, in order to make the employee resign. Constructive discharge is illegal in Texas, and employees who face this situation should contact a qualified employment law attorney. An attorney can help the employee explore their legal rights, and potentially file a lawsuit if they can prove their claims of constructive discharge.

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What is a constructive discharge and when is it unlawful?

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