What is a constructive discharge and when is it unlawful?

Constructive discharge is when an employee is forced to resign from their job due to working conditions that are so intolerable that any reasonable person would quit. Constructive discharge is considered to be a form of wrongful termination and is unlawful in the state of Utah. Constructive discharge is typically considered to be a form of discrimination and is illegal under the Utah Antidiscrimination Act. The Act states that any employer who forces an employee to work in an environment that is hostile, abusive, or unsafe is guilty of unlawful employment discrimination. Utah courts have also recognized constructive discharge as an act of retaliatory discrimination under the Utah Antidiscrimination Act. In order for a constructive discharge claim to be successful in Utah, an employee must prove that working conditions were so severe that it would be unreasonable for them to continue working. This can be evidenced by showing that the employer’s actions made the work environment unbearable and that no reasonable person would have stayed in the job. In addition, the employee must show that the unreasonable conditions were the result of the employer’s actions. Examples of employer actions that could lead to a successful constructive discharge claim include discrimination or harassment based on race, gender, religion, or other protected characteristics. Constructive discharge claims are very difficult to prove in Utah and can be complex legal matters. If you believe that you have been wrongfully forced to resign from your job, it is important to speak to an experienced employment lawyer who can help you understand your rights and potential remedies.

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What is a constructive discharge and when is it unlawful?

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