What is a constructive discharge and when is it unlawful?

Constructive discharge occurs when an employee is forced to resign due to a hostile work environment or working conditions so intolerable that any reasonable person would feel compelled to quit. In Virginia, it is unlawful when an employee is forced to resign due to discrimination based on race, color, religion, sex, national origin, age, marital status, disability, or veteran status. For a constructive discharge to be considered unlawful, conditions must be so difficult or unpleasant that a reasonable employee would feel he or she had no real choice but to resign. An employer must be aware of the employee’s situation, or have created the situation, for it to be considered unlawful. To decide if a constructive discharge is unlawful, courts consider things like the severity of the working condition, the length of time it lasted, and whether or not the employer was aware of the situation. A victim of constructive discharge can file a lawsuit for discrimination, which, if successful, will result in financial compensation for the damages caused. It is important for employees to be aware of the signs of a potentially unlawful constructive discharge and to act quickly to stop the cycle before it escalates. An employee should document any incidents and contact a lawyer who specializes in employment law as soon as possible.

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What is a constructive discharge and when is it unlawful?

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