What is the difference between wrongful termination and constructive discharge?

Wrongful termination and constructive discharge are two different types of unlawful termination of employment. Wrongful termination occurs when an employer terminates an employee for a reason that is not allowed under state or federal employment law. Constructive discharge occurs when an employer creates a working environment that is so difficult or unpleasant that an employee is forced to resign. In Hawaii, wrongful termination can occur when an employer dismisses an employee for an illegal reason, such as for discrimination based on race, religion, gender, national origin, disability, age, marital status, or sexual orientation. It can also occur when an employer dismisses an employee for taking legally protected action such as filing a workplace safety complaint or for exercising a legal right. Constructive discharge occurs when an employer creates an intolerable work environment with the intention of forcing an employee to resign. This could include instances such as an employer making it virtually impossible for an employee to do their job, or engaging in unwanted conduct of a discriminatory or oppressive nature. The difference between wrongful termination and constructive discharge is that wrongful termination involves direct action by the employer to terminate the employee, while constructive discharge involves indirect action that creates a situation in which the employee must resign in order to escape a hostile work environment.

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What is the difference between wrongful termination and constructive discharge?

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